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Reasons
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(영문) 수원지방법원안산지원 2015.05.29 2014가단22840
대여금반환
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1. The defendant shall pay to the plaintiff KRW 112,100,000.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to the Defendant around May 20, 201, and KRW 20,000,00 on July 12, 2011, respectively, and the Defendant is obliged to pay the Plaintiff KRW 47,00,000,000 in total of the principal of each of the above loans and interest accrued until each of the above loans due date for payment.

B. Determination 1) On May 20, 2011, the Defendant and the Defendant’s husband C (sureties) confirm that, around May 20, 2011, the Plaintiff borrowed the above amount from the obligee (A), on May 20, 2011, on the following terms: (a) around 20, 201, the obligor (B) borrowed the above amount from the obligee (A) on the following terms: (b) the obligor (B) shall pay to the obligee (A) KRW 3,00,000,000 on the 25th day of each month:

2. The principal shall be repaid three years after the date of borrowing.

(B) On July 12, 2011, the Defendant and C (joint and several suretys) confirmed that on July 12, 2011, an obligor (B) borrowed the foregoing amount from the obligee (A) on July 12, 201, on the following terms: (a) around July 12, 201, on the following terms: (b) around 12, 201, the Defendant and C (joint and several suretys) borrowed the same amount from the obligee (A) on the following terms: (b) the obligor shall pay the obligee (A) interest of KRW 20 million on the 12th day of each month in consultation:

2. The principal shall be repaid by the end of December 201.

(F) The Plaintiff paid KRW 30,000,000 to the Defendant on May 16, 2011, and KRW 30,000,000 to the Defendant on July 12, 2011, as the sum of KRW 20,000,000 to the Defendant’s account, according to each of the above loan certificates. Meanwhile, the Plaintiff received KRW 700,000,000 from the Defendant on July 26, 2011, KRW 1,50,000 around August 27, 201, KRW 1,000 around September 30, 201, KRW 200,000 from the Defendant; and KRW 1,50,000 around August 27, 201; and KRW 1,000 around September 30, 201; and

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