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Reasons
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(영문) 대전지방법원 2016.10.06 2015가단25010
대여금
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1. The Defendant’s KRW 24,00,000 as well as its annual 10% from November 1, 2015 to October 6, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around 2013, the Plaintiff paid the Plaintiff a debt equivalent to KRW 24 million to the Plaintiff due to the transaction, such as paying the Defendant’s mother D money under the name of advance payment in relation to C’s business.

The agricultural bank account (Account Number: E) in the name of the plaintiff used for the transaction between the plaintiff and D is recorded as a transfer of KRW 18 million after the principal insurance loan was deposited on October 24, 2013.

B. On March 30, 2015, the Defendant entered into an agreement with the Plaintiff on the following terms (hereinafter “instant agreement”), and drafted the content as “A” evidence (hereinafter “the instant loan certificate”).

- The loan of KRW 24 million on March 30, 2015 - The principal shall be paid in the name B each month from May 30, 2015 to December 30, 2015 - F and D’s debt amount as of March 30, 2015 - F and D’s debt amount as of March 30, 2015, to be paid in two hundred thousand won each month to A.

C. On May 27, 2015, the Defendant remitted KRW 200,000 to the Plaintiff as interest.

The Plaintiff received KRW 1 million from D on March 22, 2016 under the pretext of debt repayment.

[Evidence Evidence: Descriptions of Evidence Nos. 1, 2, 3, and 5 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the facts of the judgment as to the cause of the claim, the defendant shall pay to the plaintiff the amount of KRW 24 million exempted from the obligation under the agreement of this case and the amount of KRW 200,000,000,000,000,000,000,000 from November 1, 2015, which was sought by the plaintiff, to the extent that it is reasonable for the defendant to dispute the existence or scope of the obligation of performance from November 6, 2016 to October 6, 2016, the agreement rate of KRW 10% per annum [240,000,000 won per month x 12 months x 24 million], and the following day to the date of full payment.

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