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(영문) 부산지방법원 2019.10.31 2018가단19121
대여금 등
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate from February 1, 2019 to October 31, 2019, respectively.

Reasons

1. Basic facts

A. From early 2012 to early 2014, the Plaintiff conspiredd with the Defendant.

B. On May 5, 2012, the Defendant agreed to receive the skin management office from a third party (hereinafter “instant management office”), and the Plaintiff transferred KRW 9,000,000 to the deposit account in the name of C, a third party, for the acquisition of the instant management office (hereinafter “first money”).

Since then, the Defendant paid KRW 4,00,000 to the Plaintiff around June 27, 2012 when operating the instant management office.

C. Around July 20, 2012, the Plaintiff borrowed KRW 10,000,000 (hereinafter “instant loan”) from D with a loan interest rate of KRW 3.45% per annum and due date fixed on July 20, 2027, and remitted KRW 10,000 to the Defendant around July 24, 2012. The Defendant leased a house in which the Defendant would reside and paid KRW 2 money to the lessor as part of the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, and 6's statements, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) On May 5, 2012, the Plaintiff asserted that the cause of the claim was asserted by the parties. The Plaintiff paid KRW 10,000,000 to C, thereby lending KRW 10,000 to the Defendant. On June 27, 2012, the Plaintiff received reimbursement from the Defendant for KRW 4,000,000 (hereinafter “Defendant’s repayment”).

In addition, the Plaintiff respectively lent KRW 1,500,000 to the Defendant with the second amount and the Defendant’s card price, and repaid KRW 3,000,000 to D on behalf of the Defendant, and around May 31, 2016, the Defendant’s mother paid KRW 1,50,000 (hereinafter “Defendant’s mother’s repayment”).

Therefore, the Defendant’s loan amounting to KRW 19,00,000 = loan amounting to KRW 10,000,000 as of May 5, 2012 - Defendant’s loan amounting to KRW 4,00,000,000, which is KRW 2,000,000.

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