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(영문) 제주지방법원 2016.04.07 2014가합3340
대여금
Text

1. The Defendant’s KRW 60,650,00 for the Plaintiff and KRW 5% per annum from December 11, 2014 to April 7, 2016.

Reasons

1. Whether a loan is granted;

A. The fact that the Plaintiff, from May 28, 2010 to November 8, 2011, remitted the total amount of KRW 193,200,000 to the account under the name of the Defendant, as set out in the following table, to the account in the name of the Defendant, does not conflict between the parties, or can be acknowledged by adding up the whole purport of the pleadings to the items as set forth in subparagraph 1 and subparagraph 3-1.

순번 일자 금액(원) 순번 일자 금액(원) 1 2010. 5. 28. 10,000,000 16 2011. 2. 7. 1,000,000 2 2010. 7. 6. 8,500,000 17 2011. 3. 21. 10,000,000 3 1,500,000 18 2011. 3. 22. 2,000,000 4 2010. 8. 3. 10,000,000 19 8,000,000 5 2010. 8. 23. 10,000,000 20 2011. 4. 25. 10,000,000 6 2010. 9. 14. 10,000,000 21 10,000,000 7 2010. 9. 16. 9,500,000 22 9,200,000 8 500,000 23 2011. 6. 7. 19,000,000 9 2010. 9. 17. 8,970,000 24 1,000,000 10 2,030,000 25 2011. 8. 11. 10,000,000 11 2010. 10. 25. 5,000,000 26 2011. 8. 16. 3,700,000 12 2010. 10. 26. 2,500,000 27 1,300,000 13 2010. 11. 10. 10,000,000 28 2011. 10. 18. 5,000,000 14 2010. 11. 11. 500,000 29 2011. 11. 8. 10,000,000 15 2011. 2. 7. 4,000,000 합계 193,200,000

B. 1) The plaintiff's assertion 1) since the plaintiff lent interest of 193,200,000 won in total to the defendant without fixing the due date, the defendant has to pay the remainder of 138,200,000 won (=193,200,000 won - 55,000 won) and damages for delay, excluding the remainder of 5,5,000,000 won paid to the plaintiff or agreed to be paid in installments to a third party after August 2014. (2) The defendant's assertion was introduced upon the defendant's request of the lender to introduce a person who will borrow money, not by borrowing money from the plaintiff who was known to the defendant, and in the process, the plaintiff made a deposit in advance to the defendant (However, the defendant used C's account as a bad credit holder).

C. Determination No. 1 and No. 2-3, respectively.

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