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(영문) 서울중앙지방법원 2017.05.11 2016가단125604
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from November 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. From the Plaintiff’s National Bank Account (Account Number C), the money transferred from November 1, 2004 to September 15, 2005, from the following table:

(1) The transfer amount of 204-11-01,00,000 No. 204-13,000,000 No. 204-13,000-13,000-12,005-12,000, 2005-12,000 No. 2005-12,000,000 No. 2005-134,500,005-14,500,000 205-14,50,000 205-14,000 205-14,0021,0021,0021,000-21,000,000, 2005-14,000-14,000, 200-10,000-5,009-2,005

B. Upon the Defendant’s request, the Plaintiff transferred money as above (However, the Defendant asserts that the amount requested by the Plaintiff is KRW 1200 to KRW 13 million). The Defendant requested the Plaintiff to deposit money with the said account upon receiving the direction from D and F to D and F’s Nong Bank account.

C. On November 8, 2004, the Defendant prepared a letter of loan with the effect that the Plaintiff borrowed KRW 14 million on September 3, 2005, and KRW 10 million on September 3, 2005, and on May 12, 2005, the Defendant issued a letter of loan with the effect that “the amount of KRW 250 million is promised by July 30, 2005,” and on August 11, 2010, the Defendant promised to repay the amount of KRW 32 million as it may be confirmed and circumstances.”

[Grounds] Facts without dispute, Gap's 1 and 3, Gap's 2-1, 2, and 3 (each loan certificate, the defendant's each loan certificate, and the defendant's each loan certificate is acknowledged, and the authenticity of the whole document is presumed to be established. The defendant's defense that the above loan certificate was prepared by the plaintiff's coercion, but there is no evidence to acknowledge it)'s whole statement and purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant is entitled to pay 32 million won out of the instant money.

In full view of the allegations and evidence submitted by the Plaintiff, the Plaintiff.

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