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(영문) 청주지방법원 2019.06.28 2017가단7187
대여금
Text

1. The Defendant’s KRW 117,344,156 for the Plaintiff and 6% per annum from November 4, 2017 to June 28, 2019.

Reasons

1. Judgment as to the plaintiff's primary claim

A. The Plaintiff asserted that the Plaintiff leased KRW 150 million to the Defendant on November 13, 2007, KRW 50 million, KRW 50 million on early August 2008, and KRW 200 million on December 22, 2014, and the Defendant was paid KRW 180 million on loan, and thus, the Defendant is obligated to pay the remainder of KRW 180 million on loan and delay damages therefrom to the Plaintiff.

B. Determination of Gap's evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply) is insufficient to acknowledge the above lending solely on the basis of the response of each order to submit financial transaction information by the C Bank, D, D, E, Trade Association, F, G Union, lluriite post office, enterprise bank, HB Bank, IB Bank, JB Bank, and K Bank's each statement, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

2. Judgment on the plaintiff's conjunctive claim

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is a business of importing and selling the name cards from the Defendant and China around November 2007 to the Republic of Korea (hereinafter “instant business”).

) A partnership agreement was concluded to operate as a partner. Accordingly, the Plaintiff invested KRW 150 million on Nov. 13, 2007, KRW 50 million on Aug. 2008, KRW 200 million on Jan. 13, 2008, KRW 50 million on Jan. 13, 2008, and the Defendant invested KRW 97 million on Mar. 20, 2008, and L Co., Ltd (hereinafter “L”).

The Plaintiff established the instant business and withdrawn from the said partnership relationship after August 2008. At the time of withdrawal from the partnership property, the Plaintiff withdrawn from L’s account on February 15, 2008 and March 5, 2008, and used the Defendant’s personal debt repayment, KRW 19,577,498, and KRW 75 million withdrawn on April 21, 2008, and KRW 6 million remitted from December 2007 to March 2008 to the Defendant’s children and birth, and KRW 70,000,000 to March 14, 208, the Plaintiff’s share was 98,000,000,000 won and KRW 19,570,000,000 from December 10, 2007 to March 19, 2008 to KRW 370,000,000,000,000,000.

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