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(영문) 수원지방법원 2017.06.08 2016가단24334
대여금
Text

1. The defendant shall pay to the plaintiff KRW 30,00,000 and KRW 27,175,297 out of the above amount, from October 11, 2016 to the day of full payment.

Reasons

1. The parties' assertion

A. The plaintiff, on January 11, 2010, lent 10 million won to the defendant on January 28, 201, and 20 million won on January 28, 2010, and agreed to pay 10% per month as interest, so the defendant shall pay to the plaintiff the unpaid loan amount of KRW 30 million and interest for delay.

B. The defendant asserts that ① he did not borrow KRW 30 million from the plaintiff, and the plaintiff merely received and remitted money in the course of investing in C Co., Ltd. (hereinafter "C"), and ② even if he lent it, he did not pay the amount equivalent to KRW 9 million by account transfer, KRW 7 million by cash, KRW 12.9 million by minccot, and KRW minccot 12.9 million by account transfer.

2. Determination

A. 1) We examine whether the cause of the Plaintiff’s transfer of KRW 30 million to the Defendant under a lending contract between the Plaintiff and the Defendant. 2) We examine whether there is no dispute over the grounds for the Plaintiff’s transfer of KRW 30 million to the Defendant. The following circumstances, namely, ① the Plaintiff’s transfer of KRW 10 million to the Defendant’s side D’s account designated by the Defendant on January 11, 201, and KRW 20 million to the Plaintiff on January 28, 2010; ② the Defendant transferred KRW 10 million to the Plaintiff on January 12, 2010, after receiving the transfer from the Plaintiff, which is equivalent to the Plaintiff’s interest corresponding to the Plaintiff’s assertion (where the Plaintiff invested in C as the Defendant’s assertion, the Plaintiff’s transfer of KRW 10 million to the Plaintiff on January 12, 201, which appears to be reasonable for the Plaintiff to pay the Plaintiff’s total amount of KRW 10 million from the Defendant’s assertion.

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