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(영문) 춘천지방법원영월지원 2020.12.23 2020가단1030
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

A. On March 29, 2016, the Defendant’s “a certificate of borrowing the loan of KRW 70 million by setting interest at 2% per month and repaying it until October 30, 2016” (hereinafter “the certificate of borrowing”) is the “certificate of borrowing”).

The debtor's name, resident registration number, and address were stated in the debtor's column, and then the unmanned was affixed.

The creditor of the loan certificate of this case is public space.

On the date of Plaintiff’s account 2015-07-28, 000, 2015-28, 07-28, 000 2015-28,000, 2015-08-03, 000, 2015-08-23, 000, 2005-09-0310,000, 000-2007, 00-2000-107, 000-207, 000-2000-10, 007, 200-200-10, 200-207, 00-10, 200-200-10, 205-10-10, 2005-10, 205-10-6, 2000

B. From July 28, 2015 to November 1, 2018, the Plaintiff and the Defendant traded money through each of the following accounts.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. From July 28, 2015 to November 10, 2015, the Plaintiff claimed that the Plaintiff lent a total of KRW 75,600,000 to the Defendant, and paid KRW 4,470,240 to the Defendant’s insurance proceeds.

However, on August 5, 2015, the Defendant repaid the Plaintiff KRW 27,270,00 by November 12, 2015, including the repayment of KRW 5 million in cash, etc. The Plaintiff and the Defendant paid KRW 12,270,00 among them, to be appropriated first for the repayment of principal. On November 12, 2015, the remainder of the principal as of November 12, 2015 is KRW 67,80,240 (i.e., KRW 75,60,470,240) (= KRW 12,270,000).

Upon the Plaintiff’s request, the Defendant prepared the instant loan certificate to the Plaintiff on March 29, 2016, and thereafter, the Defendant calculated the Plaintiff’s total of KRW 13,440,000 from December 30, 2016 to November 1, 2018.

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