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(영문) 수원지방법원성남지원 2014.08.08 2013가합205217
대여금 반환 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 679,959,548 and KRW 200,000 among them, from June 16, 2012 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) is determined as follows: ① KRW 10 million on Sep. 20, 2006; ② KRW 50 million on Sep. 29, 2006; ③ October 20, 2006 as of March 20, 2007; ④ KRW 50 million on Nov. 20, 2006; ④ KRW 50 million on Nov. 20, 2007; ⑤ KRW 20 million on Nov. 3, 2007; ② KRW 40 million on Jan. 4, 2007; KRW 70 million on Apr. 34, 2007; or KRW 307 on Apr. 27, 2009; or each of the parties' respective loans KRW 15,50,000 on Nov. 20, 206; or 307.

(2) The Plaintiff asserted that, in addition to each of the above money, the Defendant lent KRW 38 million to the Defendant on April 30, 2010. However, it is insufficient to recognize that the Plaintiff lent KRW 38 million to the Defendant on April 30, 2010 on the ground that the Plaintiff’s submission of the Plaintiff was voluntarily prepared by the Plaintiff, and the above evidence alone is insufficient to recognize that the Plaintiff lent KRW 38 million to the Defendant on April 30, 2010, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s assertion is without merit.

In addition, the Plaintiff asserts that he lent KRW 40 million to the Defendant on August 21, 2012. However, according to the evidence No. 6, the Plaintiff’s transfer of KRW 40 million to the account of a limited-liability company C (hereinafter “C”) operated by the Defendant on August 21, 2012. Thus, it is insufficient to acknowledge that the said evidence alone lent the above KRW 40 million to the Defendant, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.

The Plaintiff asserted that the interest was set at 5% per month with respect to the loans mentioned above 4 through 8, but there is no evidence to acknowledge it. As to each of the above loans, only statutory interest can be recognized according to the interest rate of 5% per annum as stipulated by the Civil Act as the Defendant is the person.

3. On the other hand, the plaintiff is 5 million won on May 30, 2008 in the attached calculation sheet from the defendant.

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