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(영문) 서울동부지방법원 2015.12.09 2015가합1015
대여금
Text

1. The Defendant’s KRW 173,50,000 as well as 5% per annum from December 16, 2014 to December 9, 2015 to the Plaintiff.

Reasons

The plaintiff asserts that the defendant lent money as the purchase fund of real estate located in Gwangju City to the defendant for a three-month period, and that the principal and interest will be returned to the defendant, and that on January 5, 2005, the amount of KRW 150 million on January 17, 2005, KRW 240 million on November 23, 2005, and KRW 175,90,000 on November 23, 2005, the defendant borrowed KRW 1775,500,000 from C, not the plaintiff, and the remaining KRW 240,000,000,000 from the defendant was not lent.

According to Gap evidence Nos. 1, 2, 4, and 6, whether to grant a loan of KRW 173,500,000,000 for the cause of the claim, and the witness Eul's testimony, the defendant decided to borrow money to purchase real estate in the vicinity of Gwangju City, Gwangju City, and requested for a loan of money to C, which is the workplace rent, but at the time, C does not have any time to raise any other business funds, so the defendant's long-standing job offering and the plaintiff seems to have reached the plaintiff. Since C received contact from the plaintiff that "do have lent money to the defendant," and then C said that "the amount of fine is fine" was fine. After that, the plaintiff paid to the defendant on Jan. 4, 2005, KRW 150,000,000,000,0000,000 won, including KRW 1,535,000,000,000,000 won paid to the defendant.

In contrast to the above facts of recognition, the defendant alleged to the effect that he was paid KRW 150 million to the D account designated by the defendant through the plaintiff as the return of the principal and interest of KRW 150 million invested to C, but C was invested by the defendant since the above KRW 150 million was paid to the defendant.

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