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(영문) 수원지방법원안양지원 2015.04.09 2014가단107886
투자금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 4,360,000, and 5% per annum from January 1, 2007 to April 9, 2015.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of each of the statements in Gap evidence Nos. 1, 2, and 4, NH agricultural cooperatives, and IBK bank as a result of each order to submit financial transaction information, the plaintiff may be jointly and severally liable to compensate the defendants for the damages incurred to the plaintiff, since the plaintiff was jointly and severally liable to compensate the defendants for the damages incurred to the plaintiff on Jan. 21, 2005, the amount of KRW 5 million on Feb. 7, 2005, KRW 3 million on March 29, 2005, KRW 9 million on April 8, 2005, KRW 15 million on May 18, 2006, KRW 3 million on June 1, 2006, and KRW 2 million on June 21, 2006.

B. In addition to the above loans, the plaintiff argued that the defendants extended a total of KRW 8 million on May 9, 2005, KRW 200 million on May 27, 2005, KRW 35 million on May 18, 2006 (including check number F, G, H), and KRW 8 million on July 21, 2005. However, the plaintiff's assertion on the above loans is insufficient to recognize it only with the result of the order to submit each financial transaction information to the Gap's 4 and 7, and the result of the order to submit each financial transaction information to the NH Nonghyup and IBK bank, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion on KRW 8 million on the above loans is without merit.

2. Determination as to the defendants' assertion of repayment

A. The Defendants asserted that the Plaintiff paid 1,614,00 won out of the borrowed money (excluding KRW 2 million on June 21, 2005, when the Plaintiff was the applicant), and thus, in full view of the purport of the entire pleadings, the Defendants’ assertion that the Defendants paid 1,6140,000 won out of the borrowed money (excluding KRW 2 million on June 21, 2005, when the Plaintiff was the applicant), can be acknowledged as being the Defendants’ assertion that the Defendants paid 1,6140,000 won to the Plaintiff on June 22, 2006, KRW 3 million on September 12, 2006, KRW 384,00 won on August 22, 2005, KRW 3.33 million on November 23, 2005, KRW 1 million on June 23, 2007, KRW 1 million on July 23, 2007, KRW 1.5 million on September 1, 2017.

B. As to this, the Plaintiff loaned the credit card from May 2005 to September 2006 to KRW 18,164,680.

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