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(영문) 인천지방법원 2015.12.24 2015가단15251
구상금
Text

1. The Defendant’s KRW 43,428,442 as well as 5% per annum from December 1, 2015 to December 24, 2015 to the Plaintiff.

Reasons

1. The occurrence of claims for indemnity and loan;

A. C Vehicle Costs Liability: around October 6, 2010, the Plaintiff 13,900,000 won (hereinafter “Defendant”) purchased CY III 1.2 tons of the Defendant’s security loan under the name of the Plaintiff, but the Defendant permitted the Defendant to repay the loan. The Defendant did not pay the purchase of the above vehicle.

Accordingly, by April 2014, the Plaintiff repaid the Defendant’s above loans of KRW 13,90,000 on behalf of the Defendant.

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole pleadings.

B. Obligations related to the purchase of excreta: around November 3, 2011, the Plaintiff borrowed 13,850,000 won from the Defendant for a demand from the Defendant to return money necessary for the purchase of excreta and thereafter, in response to the demand, the Plaintiff lent 2,00,000 won on December 30, 201, 200, 6,850,000 won on January 6, 2012, 200 to E, and 3,00,000,000 won on April 30, 2012, and 1,00,000,000 won on January 5, 2012 to the Defendant.

[Grounds for recognition] Gap evidence Nos. 9-1 to 3, and the purport of the whole pleadings.

C. Other expenses: 18,630,000 won was loaned to the Defendant on the pretext of the expenses, etc. necessary for the purchase, etc. of fishery-related supplies between May 9, 2011 and August 25, 2013.

[Ground of recognition] The entry of Gap 10 evidence and the purport of the whole pleading

D. Credit card usage-price obligation: 21,188,442 Plaintiff delivered a credit card issued under the name of the Plaintiff to the Defendant on the condition that the Defendant would pay the usage price, and had the Defendant use it, but the Defendant did not pay the usage price.

Accordingly, from November 201 to April 2014, the Plaintiff repaid the total amount of KRW 21,188,442 on behalf of the Defendant.

[Grounds for recognition] Gap evidence No. 4-1, and the purport of the whole pleadings.

E. Payment for living expenses, monthly rent: 16,30,00 won (i.e., KRW 5,040,000) is paid by the Plaintiff upon receipt of a request from the Defendant to lend money to a private teaching institute expenses, etc. on or around July 9, 2011, including sending money.

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