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(영문) 서울중앙지방법원 2016.10.14 2016가합508367
대여금
Text

1. As to KRW 1,123,00,000 among the Plaintiff and KRW 300,000,000 among them, the Defendant shall start from February 16, 2016 to February 29, 2016.

Reasons

1. Basic facts

A. From October 25, 201 to July 16, 2015, the Plaintiff paid to the Defendant the sum of KRW 1.123 million (hereinafter “instant money”) over 21 times as indicated in the following table.

(1) On March 3, 2012, 200 on March 31, 201, 201: 3,00 on April 25, 201; 3,00 on April 21, 201; 4. 5,00 on May 15, 200 on May 15, 200 on 10, 201; 4. 5. 20 on March 27, 201; 4. 1, 200 on May 1, 200 on 15, 200; 1,00 on 4. 1, 204; 1,00 on 20. 1, 205; 1,00 on March 20, 2015; 1,000 on May 3, 2014;

B. Around January 28, 2016, the Plaintiff notified the Defendant that the instant money should be returned by February 15, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff leased the instant money to the Defendant, and that, around January 28, 2016, the Defendant notified the Defendant that the instant money should be returned to the Defendant by February 15, 2016, the Defendant is obligated to pay the instant money and the damages for delay from February 16, 2016 to the date of full payment.

Accordingly, the defendant asserts that the plaintiff, who promised to marry, requested the plaintiff to provide funds necessary for the operation of the skin management office, was a donation of the money in this case to the defendant.

B. As to the issue of whether the Plaintiff leased the instant money to the Defendant, the following circumstances, which may be acknowledged by adding the entire purport of the pleadings to the written evidence No. 1, 2, 3, and 8 of No. 7, and No. 1, i.e., the Plaintiff lent to the Defendant on March 27, 2012, the Plaintiff extended KRW 15 million to the Defendant on three occasions, and such money needs to be distorted.

The Plaintiff.

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