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Reasons
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(영문) 서울중앙지방법원 2015.01.09 2014가단66923
대여금
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1. The Defendant shall pay to the Plaintiff KRW 37,00,000 as well as a copy of the instant complaint from May 2, 2014.

Reasons

1. Basic facts

A. On May 30, 2006, the Plaintiff joined the 4 unit of accounts in the number fraternity (21 unit of accounts, 500,000,000,000 won, and 10,000,000 won, hereinafter “the first unit of accounts”) where the Defendant is a shipowner, and paid 2,00,000,000 won to the Defendant as a monthly deposit, and the said number of accounts was terminated on January 30, 2008. The Defendant did not pay 20,000,000 won among the 40,000,000 won, which shall be paid to the Plaintiff.

On the other hand, among the fraternity members of the first fraternity of this case, the coal fraternity members should pay 100,000 won in addition to the amount paid in KRW 500,000,000, in addition to the amount paid in advance to the junior fraternity members.

B. When the Plaintiff urged the Plaintiff to pay KRW 20,000,000 to the Plaintiff, the Defendant, on April 31, 2008, paid KRW 1,00,000 each month for the payment of KRW 20,00,000 to the Plaintiff at the 2nd mutual account (21 unit, KRW 500,000, and KRW 10,000,000, and KRW 20,000,000 for the 2nd mutual account of this case; hereinafter “the second mutual account of this case”), but the Defendant did not pay KRW 20,000,000 for the payment of KRW 20,00 for the second mutual account of this case until December 31, 209, but did not pay KRW 20,000,000 for the second mutual account of this case to the Defendant.

C. On June 2, 2008, the Plaintiff lent KRW 7,000,000 to the Defendant without fixing the due date.

[Reasons for Recognition] Facts without dispute, Gap 2 through 4 (including each number), Eul 1-4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant shall promote the lawsuit from May 2, 2014 to the day of complete payment, as sought by the Plaintiff, on the following day after the delivery of a copy of the complaint of this case. The Defendant shall promote the lawsuit from May 2, 2014 to the day of complete payment.

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