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Reasons
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(영문) 수원지방법원 여주지원 2018.12.19 2018가단52551
대여금반환
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1. The defendant shall pay to the plaintiff KRW 141,445,161 and KRW 140,000 among them, from March 1, 2009, KRW 1,200,000.

Reasons

1. Facts recognized;

A. On October 17, 2005, the Defendant leased the first floor and the second floor from the Plaintiff to October 30, 2007 during the period from October 30, 2005 to October 30, 2007, the total deposit amount of KRW 30,000,000, and the rent of KRW 1,20,000 per month.

B. Around February 2006, the Plaintiff leased No. D units of the instant building to the Defendant at KRW 400,000 per month, and the rent that was not paid from May 1, 2015 to August 19, 2015 is the sum of KRW 1,445,161 (hereinafter “the instant rent”).

C. The Defendant paid to the Plaintiff KRW 100,000,000 on August 29, 2007, and KRW 100,000,000 on August 30, 2007, and KRW 83,000,00 on October 10, 2007 as debt repayment, respectively. The Plaintiff’s last part of the Plaintiff’s monetary account book is indicated as “the confirmation of KRW 20,000 on October 10, 2007.”

On September 10, 2007, the Plaintiff lent KRW 140,000,000 to the Defendant (hereinafter the instant lending). The Plaintiff holds a cash custody certificate stating that the Defendant would repay KRW 140,000,000 to February 28, 2009 (hereinafter the instant cash custody certificate).

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the facts of the above finding of the claim for the loan of this case, the defendant shall pay the loan of this case and the damages for delay thereof to the plaintiff. The plaintiff sought damages for delay from September 11, 2007 for the loan of this case. However, according to the cash custody certificate of this case, the above loan repayment period was on February 28, 2009, and the above repayment period was on February 28, 2009. Thus, the delayed liability for the loan of this case is due from March 1, 2009, and there is no reason for the plaintiff's claim for this part. 2) According to the above finding of the above finding of the claim for the loan of this case, according to the following facts, the defendant's total amount of the rent of this case of this case 1,445,161 won [3 minutes 1,200,000 won (40,000 won x 3), 19 days x 245,1610 won [30.

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