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(영문) 창원지방법원통영지원 2017.09.28 2016가단6339
대여금
Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s 7.2% per annum from November 5, 2016 to September 28, 2017.

Reasons

Basic Facts

On March 5, 2014, the Plaintiff remitted KRW 50 million to the account of his wife C, and the said money was dry to the Defendant, and the fact that the Plaintiff and C married on May 21, 2014 was under dispute between the parties, or that the agreement was concluded on May 21, 2014, may be recognized by the respective statements in subparagraphs 1 and 2.

The plaintiff's assertion by the parties has lent money to the account of C while lending the amount of KRW 50 million to the defendant.

This is because the defendant used the account of credit bad credit holder C.

The Defendant asserted on March 5, 2014, the Defendant leased a store owned by the Plaintiff and operated the time of fishing between “D”. The name of the business operator was C, the Plaintiff’s former domicile, and C worked as the point of the above fishing time.

C is only an investment of KRW 50 million in the E pension project in the event that the Defendant was promoting.

Judgment

As to whether the Defendant received KRW 50 million or not, or the Plaintiff’s loan was made, the following facts or circumstances, which may be acknowledged by the statements in Gap’s basic facts and evidence Nos. 3, 4, and 5, namely, ① transferred KRW 900,000 per month to the Plaintiff’s account via his own Dong’s account from August 2014 to November 2016, the Defendant, in addition to the above amount, 30,000 won per annum for KRW 60,000 and KRW 50,000 per annum for the above store (the Defendant himself also stated that the Defendant loaned KRW 70% per annum for KRW 50,000,000 to the Defendant, even after around August 16, 2017). Furthermore, the Defendant did not have made a statement to the Plaintiff that 3,500,0000 won was transferred to the Plaintiff by 50,000,000 won.

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