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(영문) 수원지방법원 2017.04.27 2016가단534466
대여금
Text

1. Defendant B’s KRW 26,400,00 and KRW 4,500,00 among the Plaintiff’s KRW 5% per annum from July 1, 2008 to June 10, 2016.

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4:

The Plaintiff loaned money to Defendant B several times on September 9, 2007, and settled the amount of the loan with Defendant B as KRW 16,500,000, the due date for repayment as of June 30, 2008, and prepared and received a cash custody certificate from Defendant B.

(hereinafter “instant loan 1”). (b)

On April 24, 2014, the Plaintiff loaned KRW 20,000,00 to Defendant B as interest rate of 2% per month without setting the due date.

(hereinafter “instant second loan”). 2. The Plaintiff’s assertion

A. Defendant B is obligated to pay to the Plaintiff the remainder of KRW 6.4 million, excluding KRW 10,100,000,000,000 for the remainder of the loan 20,000,000,000,000 for the first loan 1,6.5 million, and interest or delay damages thereon.

B. Defendant B, after selling an apartment building owned by it, completed the registration of ownership transfer in the name of Defendant C with respect to the newly purchased apartment building. Since Defendant C partly repaid each of the instant loans to the Plaintiff using the account in the name of Defendant C, Defendant C is jointly and severally liable to return each of the instant loans to the Plaintiff.

3. Determination

A. On October 31, 2007, 100,000 the principal of the instant loan No. 1 on December 31, 2007, as to the Plaintiff’s claim for reimbursement against Defendant B: (a) 50,000 on December 31, 2012; (b) 50,000 on February 9, 200 on May 20, 2014; (c) 6. 30,00 on April 4, 205, the principal of the instant loan No. 1 on April 30, 200 on April 4, 201, 205; (d) 0,50 on April 4, 201, 204; (e) 0,50,000 on April 4, 201, 200 on May 40, 2014;

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