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Reasons
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(영문) 대구지방법원김천지원 2016.11.03 2016가단4231
대여금
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1. The Defendant shall pay 46 million won to the Plaintiff, as well as 5% per annum from April 1, 2016 to November 3, 2016, and from the next day.

Reasons

1. Both claims;

A. Plaintiff (1) The purchase fund of lawsuit: The Plaintiff lent 7 million won as the purchase fund of the Defendant’s lawsuit to the Defendant on the date of nonperformance without an agreement on interest.

On March 27, 2012, the Plaintiff agreed to lend only 20 million won of the purchase fund of lawsuit (A1) to the sum of 10 million won interest on the above 7 million won and to receive 50,000 won per month (6% per annum).

Around 2013, the Defendant opened a savings account for lump-sum savings of a farm household in the name of the Defendant with respect to the payment of the above interest, and thereafter accumulated KRW 50,000,000 per month and KRW 50,000,000,000 in total, and received the said interest at maturity. On April 4, 2014, the Defendant borne all the expenses, and the Plaintiff paid 600,000 won in advance to the Defendant on April 4, 2014.

(1) (A) Housing Construction Fund: The Plaintiff lent the Defendant a total of KRW 5 million with the Defendant’s housing construction fund, including KRW 20 million on August 18, 2014, and KRW 35 million on October 2, 2014, to the Defendant without interest agreement.

(A, B(3)(3): From October 23, 2014 to February 6, 2015, the Defendant used KRW 5,387,534 in total as the Plaintiff’s card.

(A) Ultimately, the Plaintiff lent a total of KRW 70,987,534 ( KRW 60 million 5,500,000 won 5,387,534). The Defendant paid KRW 3 million on December 8, 2014 ( KRW 3 million) and KRW 19 million on February 1, 2015 ( KRW 10,000,000,000 on August 27, 2015).

First, the Defendant transferred other land except for the part that would be the site of housing as the collateral for the above loan to the Plaintiff, and sent 2015 Y and 2016 Y and paid all the loans by the end of March 2016 without transferring the said land. However, it was difficult to transfer 5 million won at the shipment from March 2015 to March 2015.

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