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(영문) 대구지방법원김천지원 2019.06.12 2018가단4525
대여금
Text

1. The Defendant’s KRW 50,00,000 and KRW 5% per annum from October 11, 2018 to June 12, 2019 and the next day.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, 4, and 1 and 2:

On April 8, 2011, the Plaintiff remitted KRW 39,000,000 to the account under the name of the Defendant, and paid KRW 1,000,000 to the Defendant on the same day.

B. On July 12, 201, the Plaintiff remitted KRW 10,000,00 to the account under the name of the Defendant.

C. On July 19, 201, the Defendant established C (hereinafter “C”) as the representative of the Defendant, and the Plaintiff wired KRW 40,000,000 to the account in the name of C on July 21, 201.

C above C.

On August 3, 2011, after the transfer of KRW 40,000,000 as stated in the paragraph, 50,168,160 won was paid to the Korea Financial Cooperative.

2. The parties' assertion

A. On April 201, 201, the Plaintiff loaned KRW 90,000,000, in total, until July 21, 2011, on the ground that the Defendant, as the first patrolman, would pay a year from the date of repayment from the date of borrowing the loan to the minimum market interest rate. The Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 90,000,000 and the interest or delay damages thereon.

B. 50,000,000 won, which was remitted to the account under the name of the defendant in the name of the defendant, was paid or invested in each subparagraph, not by the defendant, but by the plaintiff. 40,000,000 won, which was remitted to the account under the name of the defendant C, was invested or lent to C other than the defendant. Thus, there is no responsibility for

Even if the defendant is liable to return to the defendant, the plaintiff suffered losses of 132,392,760 won due to the contract and the cancellation thereof introduced by the plaintiff as an insurance solicitor, and there is no amount to be paid to the plaintiff in offset.

3. Determination

A. We examine the claim against KRW 50,000,00, which was remitted to the account under the name of the defendant, and the following circumstances, i.e., the Plaintiff transfers money to the account under the name of the defendant for a period of three months, which is acknowledged by adding the whole purport of the pleadings to the aforementioned evidence.

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