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(영문) 수원지방법원 2019.06.12 2019나781
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On June 2016 and July 2016, the Plaintiff’s assertion received a written statement of performance that the Plaintiff loaned KRW 6.45 million to cash upon the Defendant C’s request that it would lend money under the name of rent and deposit, and that the Plaintiff would pay KRW 6.6 million, including interest on the said money, by December 31, 2017 from the Defendants, who are one of their own wholesalers around October 6, 2016.

Therefore, the Defendants are obligated to pay to the Plaintiff KRW 6.6 million and delay damages in accordance with the above performance memorandum.

2. According to Gap evidence No. 1 and No. 3 as to the cause of the claim, as of October 6, 2016, the defendants prepared a statement of performance stating that "the defendant shall pay interest and interest on 6.6 million won in cash withdrawn through cash withdrawal around 21:00 on October 6, 2016, in installments, and return it to the creditor in installments by the method of payment of interest and interest until December 31, 2017" (hereinafter referred to as "written statement of performance of this case"), the defendants C merely stated the following statement of performance with the plaintiff, the amount of bill 2.7 million won, the date of payment on July 31, 2016, and the date of payment with the plaintiff's account (hereinafter referred to as "37.500, prior to the date of payment"), the defendants' statement of payment with the bill No. 3758,200,0000 won as well as the bill No. 3751,281,2616, respectively.

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