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(영문) 광주지방법원순천지원 2017.11.22 2016가합12763
대여금
Text

1. The Defendant (Counterclaim Plaintiff) B is fully paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 24, 2015.

Reasons

1. Determination on the main claim

A. 1) Determination as to the claim against Defendant B (A) Recognition as to the cause of the claim (1) The Plaintiff transferred KRW 70,000,000 to the Defendant B’s account, the first child, through the Defendant C’s name account (CFD) on January 8, 2013.

(2) In relation to the above 70,000,000 won remittances, the Plaintiff and Defendant B did not have written a loan certificate clearly stating the loan amount, interest rate, due date, etc., but Defendant B stated that the above 70,000,000 won was to be borrowed from the Plaintiff at the date of pleading in the relevant lawsuit (U.S. District Court 2015Kadan181999).

[Reasons for recognition] According to the above facts of evidence Nos. 5, 9, and 10-1, 2, and 9-2, Eul evidence Nos. 9-1, 10-2, and Eul evidence Nos. 10-1, and the purport of the whole pleadings, the plaintiff lent 70,000 won to the defendant B on January 8, 2013 without setting the due date and the due date. Meanwhile, the plaintiff was transferred from the defendant B on June 9, 2014 to the bank account in the name of 55,00,000 won, and 15,00,000,000 won (i.e., 70,000,000 won - 5,000,500,000 won) and 200,000 won (the above 200,000 won) and 31,000,000 won defense against the defendant B's deposit account.

4. According to the evidence No. 2, 1,00,00 H 5, 200 H on December 31, 2008, 200 H 6 December 6, 2009 2,000,000 H on November 1, 2009, H 7 H 7,200,000 H on November 5, 2010, 200 H 8 H 24,350,000 B on September 6, 2013, the fact that Defendant B remitted 24,350,000 won in total to the Plaintiff’s account under the Plaintiff’s name (FF) as shown in the following table is acknowledged.

On the other hand, however, it is.

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