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(영문) 수원지방법원안양지원 2016.04.01 2014가단23773
대여금
Text

1. Defendant B’s KRW 39,00,000 as well as 5% per annum from February 13, 2016 to April 1, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 4 (including paper numbers):

On May 21, 2013, the Plaintiff lent KRW 20,040,00 in total to Defendant B, and KRW 20,040,000 in total, from May 25, 2013 to October 5, 2013, and subsequently, lent KRW 43,523,00 in total over twelve occasions from June 2, 2013 to KRW 63,563,00 in total (hereinafter “instant loan”). The Plaintiff’s lending of KRW 63,563,00 in total to Defendant C’s account in the name of Defendant C (Account Number: D) and corporate bank account (Account Number: E) instead of Defendant B’s account.

B. After that, the Plaintiff filed a complaint with Defendant B on charges of fraud as Defendant B did not repay the instant loan, and Defendant B requested the Plaintiff during the investigation, and on June 26, 2015, drafted a written agreement between the Plaintiff and the Plaintiff (hereinafter “instant agreement”) with the following content.

B shall pay A total amount of KRW 40,000 ( KRW 40,000),0,000.

Performance shall be KRW 500,000 per month as of the end of each month, and repayment shall be commenced from July 31, 2016.

By June 30, 2018, the full amount of private capital shall be paid up to June 30, 2018.

B reimburses an amount of not less than 500,000 when there is money. If C is a joint and several surety for a total of 20,000,000, the civil lawsuit shall also be withdrawn and provisional attachment shall also be revoked.

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff KRW 40,000,000 according to the agreement of this case.

Therefore, Defendant B is a person who received reimbursement of KRW 1,00,000,000 in total from Defendant B twice after the formation of the instant agreement. Accordingly, Defendant B is a person who received reimbursement of KRW 39,000,000 (=40,000,000-1,000), and as to this, Defendant B from February 13, 2016, on the day following the delivery of a copy of the instant complaint.

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