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Reasons
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(영문) 수원지방법원평택지원 2016.12.08 2015가단13770
채무확인의 소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted by the parties through C, through which C, borrowed KRW 100,00,00 from the Defendant and received KRW 100,00,00 from the Defendant whenever the money is needed. The amount that C actually lent under the name of the Defendant is KRW 53,298,00,00, and interest thereon is the total of KRW 45,092,83,00 calculated by the ratio of 2% per month until October 27, 2016. The confirmation is sought, such as the description of the purport of the claim.

In this regard, the defendant asserts that the amount that the defendant lent to the plaintiff shall be a sum of KRW 100,006,000 from January 16, 2013 to September 9, 2013, and that interest shall be calculated at the rate of 2% per month from the date of payment with respect to each paid amount.

2. Facts of recognition;

A. The Defendant paid KRW 100,000,000 to D Operation C on October 29, 2012 and December 3, 2012.

B. The Plaintiff asked C to use money borrowed from the Plaintiff while finding a place for borrowing money, and C to lend the above KRW 100,000,000 received from the Defendant to the Plaintiff.

C. In relation to this, on January 18, 2013, a certificate of borrowed money issued on January 18, 2013 (hereinafter “the certificate of borrowed money”) stating that “the Plaintiff borrowed KRW 100,000,000 from the Defendant and due date for repayment shall be 2% per month” was prepared, and the Plaintiff received KRW 100,000,000 from the loan around that time, and issued a receipt to the Defendant.

On the other hand, on January 21, 2013, the Plaintiff completed the registration of creation of a neighboring mortgage amounting to KRW 150,00,000 with respect to Pyeongtaek-si, E, F, and G real estate in order to secure the above loan debt.

E. The Plaintiff requested C to pay the above borrowed money in installments, and C paid the money by means of account transfer or cash transfer whenever requested by the Plaintiff before and after the preparation of the above borrowed money. The payment details are as shown in the list of the lending days and the loan.

[Ground of recognition] Unsatisfy, Eul evidence 2-1, Eul evidence 3, Eul Nos. 1, 4, 5, 6, 6.

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