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(영문) 창원지방법원 2019.09.06 2018나4240
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a “Ding King practice room” in Singing-si, and the Defendant is a person who operates the “Eking practice room” in the vicinity of the said King practice room.

016-10, 200-10, 2070-200, 200-10, 200-10, 200-20, 200-10, 207-10, 200-20, 200-10, 207-10, 200-10, 207-10, 207-10, 30-20, 207-10, 30-10, 207-20, 200-10, 207, 200-10, 200-1, 207, 200-10, 207-10, 200-4, 200-1, 200-1, 300-1, 200-30-1, 2007.

B. The Plaintiff transferred money to the Defendant’s account as indicated in the following table, and received money from the Defendant’s account in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 5 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Upon the Defendant’s request from the Defendant’s wife F, the Plaintiff claimed that: (a) the Defendant and F (hereinafter “Defendant’s husband and wife”) jointly operated the “EM” (hereinafter “Defendant’s husband and wife”); (b) KRW 5 million on October 19, 2016; (c) KRW 10 million on January 2, 2016; (d) KRW 10 million on January 10, 2017; and (e) KRW 3 million on March 31, 2017; (e) KRW 2 million on April 1, 2017; and (e) KRW 20 million on June 20, 2017; and (e) lent the loan to the Defendant and F, for 12 months from the date of repayment due.

However, the defendant couple paid the principal and interest of KRW 26 million among the loans of KRW 50 million, and the remaining principal and interest have not been paid KRW 24 million.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 24 million and damages for delay.

B. The defendant's assertion is without knowing the plaintiff.

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