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Reasons
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(영문) 대전지방법원 천안지원 2018.02.21 2016가단14429
대여금 반환
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1. The defendant shall pay to the plaintiff KRW 43,900,000 and KRW 36,000 among them, from December 31, 2010 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased raw money and supplied it to slaughter operators, and the Defendant is a person who has engaged in the transportation of raw money and the supply brokerage of raw money with the trade name C.

The plaintiff and the defendant had transacted until November 18, 201. The defendant was supplied with the raw money from a swine farm and supplied it to the plaintiff, and the plaintiff requested the plaintiff to slaughter of the said raw money, and received the price of the raw money from the (ju) Damart and paid the price of the raw money to the defendant, either directly or through (ju) Damart and Ear Agricultural Cooperative.

B. On August 24, 2009, the Plaintiff entered into an agreement with the Defendant that the Plaintiff shall pay the shipment price to the Defendant within three days from the date of shipment, and deposit and keep the contract deposit amounting to KRW 15 million, and the Defendant shall, at the time of termination or termination of the contract, pay the full amount of the contract deposit to the Plaintiff within one week.

The plaintiff paid KRW 15 million to the defendant on the same day.

C. The Plaintiff paid KRW 20 million to the Defendant on August 1, 2010 and KRW 1 million around that time.

On December 30, 2010, the Defendant issued to the Plaintiff a certificate of loan with the loan principal of KRW 36 million, the due date for payment on December 30, 2010, and the rate of KRW 2% per month.

The Plaintiff paid to the Defendant KRW 1 million on January 7, 201, KRW 2 million on February 11, 2011, KRW 1 million on May 11, 2011, KRW 500,000 on August 26, 2011, KRW 400,000 on September 16, 201, KRW 500,000 on November 14, 201, KRW 500,00 on November 21, 201, KRW 3 million on December 201, and KRW 200,000 on April 13, 201, respectively.

On September 29, 2011, the Defendant received KRW 2 million from the Plaintiff, and issued a loan certificate to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, 9, 10, 11, and 12 (including each number; hereinafter the same shall apply)

2. The assertion; and

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