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(영문) 울산지방법원 2017.01.12 2016나21858
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Defendant proposed an apartment investment to the Plaintiff around February 2012, the Plaintiff rejected the Plaintiff’s allegation too complicated.

Accordingly, the Defendant promised to pay interest of 20% per annum on the loan of money, and the Plaintiff, on March 23, 2012, remitted KRW 20 million to the Defendant Choman C.

In addition, the Plaintiff sold to the Defendant the Plaintiff’s husband’s b8,00,000 won, but the Defendant was anticipated to pay the Plaintiff the amount of KRW 20,00,000 to the Plaintiff on August 2012, 2012, and the Defendant loaned the remainder of KRW 8,000,000 in the vehicle price, and arranged that the Defendant borrowed KRW 30,000 in the aggregate from the Plaintiff.

Accordingly, on April 27, 2012, the Plaintiff rendered an additional transfer of KRW 2 million to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above borrowed money of KRW 30 million and delay damages.

B. The Defendant’s assertion that the Plaintiff remitted 20 million won to C on March 23, 2012, that D (D is the three villages of E, and C is the son of E) would make an investment in the Plaintiff and pay it as the down payment, on the ground that D (E is the three villages of E, and E is the son of E) would sell the apartment in a low price.

In addition, 2 million won that the Plaintiff remitted to the Defendant on April 27, 2012 is paid to the Defendant by the Plaintiff, adding 2 million won that the Plaintiff remitted to C the down payment of KRW 8 million out of the vehicle price to KRW 2 million, and paying to C the purchase price.

As such, whether the money remitted by the Plaintiff was paid as investment money, or not, to the Defendant.

2. In full view of the judgment on the cause of the claim, the fact that there is no dispute, the evidence Nos. 1 through 6, the evidence Nos. 3 and 4, and the purport of the entire entries and arguments Nos. 1 through 3 and 4, the Plaintiff transferred to C on March 23, 2012 in its name the amount of KRW 20 million to the Defendant on April 27, 2012, and the Plaintiff transferred the amount of KRW 2 million to the Defendant on April 27, 2012, and the Plaintiff’s vehicle 2.

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