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(영문) 대전지방법원천안지원 2013.09.30 2012가단10030
대여금 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. As to Defendant B’s KRW 69,061,780 and KRW 33,518,250 among them, from May 19, 2012;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account each of the statements in Gap evidence Nos. 1, 2, 5, 6, 7, 12, and Eul evidence Nos. 1 through 14 (including each number), and the whole purport of the arguments as a result of the Defendant DNA personal examination, and there is no counter-proof otherwise.

On April 21, 2010, the Plaintiff loaned money to Defendant B over about 20 times including the following descriptions until the loan of KRW 5 million on March 13, 2012. Moreover, as seen below, it is not a few points of view that the Plaintiff agreed to receive the payment of the class installment to be received by the said Defendant as a member of the Plaintiff’s organization.

B. On February 1, 2011, the Plaintiff agreed to lend interest of KRW 10 million to Defendant B for KRW 500,000 per month, and 4.9 million per day, and the same month.

2. 7.4.250,000 won, including the sum of KRW 9.150,000,000 (one-month advance interest, the sum of KRW 3.50,000,000,000,000) paid to the above Defendant.

C. On April 25, 201, the Plaintiff agreed to lend KRW 10 million to Defendant B for a monthly interest of KRW 500,000,000,000, and paid KRW 9,000,000,000,000 to the Defendant, including one-month interest and KRW 500,000,000,000.

On the same day, the Plaintiff agreed to receive KRW 20 million in total, including loans of KRW 10 million (hereinafter referred to as “first loan”) from Defendant B, until December 25, 2011, and was issued by the said Defendant a certificate of borrowing (Evidence A 1) stating the same content.

E. On May 25, 201, the Plaintiff agreed to lend KRW 30 million to Defendant B for a monthly interest of KRW 1.2 million, and paid KRW 25,059,000,000, which is calculated by deducting the payment, etc. of the accounts subscribed to by the said Defendant for a monthly interest of one-month advance and the subsequent payment.

F. On the same day, the Plaintiff was admitted to the 8 unit of the No. 10, organized by the Plaintiff on October 20, 2010 between Defendant B and Defendant B on the same day, and the above Defendant was admitted to the 8 unit of the No. 10,500.

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