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(영문) 대구지방법원 2016.07.14 2015가합3628
대여금
Text

1. The Defendant’s KRW 382,630,817 among the Plaintiff and KRW 348,00,000 among them, shall be KRW 25,450,000 from September 28, 2010.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff lent KRW 80,80,000 to the Defendant by account transfer from June 19, 2007 to September 4, 2013; ② lent KRW 65,000 in cash on December 29, 2008; ③ lent KRW 130,000 in cash on February 20, 209; and ④ lent KRW 350,000 in cash on October 9, 2009.

Therefore, the defendant should pay to the plaintiff the total amount of the above loans KRW 625.8 million and damages for delay.

On May 2007, the Plaintiff asserted that the Defendant lent KRW 20 million to the Defendant. However, the Plaintiff withdrawn the above assertion in the application for modification of the purport of the claim and the cause of the claim.

B. Although the Defendant borrowed KRW 80,80,000 from the Plaintiff by account transfer, the Defendant did not receive money for the remainder of the loans.

Each payment note submitted by the plaintiff is merely a false statement by requesting that the plaintiff prepare it in order to resolve the doubts that the plaintiff is doubtful from the confidence in which there is money transaction.

In addition, the defendant paid to the plaintiff more than KRW 118,728,079.

2. Determination

A. On the premise of the determination of the Plaintiff’s loan claim 1) as to the Defendant, the Plaintiff sought a total amount of loan claims as indicated in the details of financial transactions (Evidence A 1-1-82) and each payment note (Evidence A-1-1-2). Thus, the Plaintiff determined whether each loan claim exists separately as alleged by the Plaintiff, or whether each loan claim exists, or whether a continuous monetary transaction between the Plaintiff and the Defendant was made in the sense of settling the amount transacted, and determined whether each other overlapping with the payment note, based on which the Defendant’s obligation to pay the loan was determined. 2) On the basis of the facts acknowledged, the Plaintiff 1-5, and the Defendant 5, respectively.

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