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(영문) 서울동부지방법원 2014.09.04 2013가단47683
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from August 6, 2013 to September 4, 2014.

Reasons

1. Facts of recognition;

A. On March 16, 2009, the Plaintiff remitted KRW 4,000,000 to the Defendant’s account.

B. On March 16, 2009, the Plaintiff deposited KRW 26,000,000 in the deposit account of a national bank in the name of the Plaintiff’s bank, and issued a cashier’s check of KRW 26,000,000 on the same day. This check was issued to the Defendant on March 17, 2009 after the Plaintiff issued it to the Defendant, and the Defendant endorsed it on the back of the said cashier’s check at the point of active duty service, and then received KRW 26,00,000.

C. On April 9, 2009, the Plaintiff remitted KRW 20,000,00 to the Defendant’s securities account.

The Plaintiff and the Defendant had a relationship of interest for several years including the time of remitting the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1-1 and Eul evidence 1-2, response results against the order to submit financial transaction information to the President of the National Bank of Korea, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) out of the total of 50,000,000 won paid by the plaintiff to the defendant as above, 30,000,000 won for loans from the defendant on March 16, 2009, and 26,000,000 won for borrowing from the defendant under the pretext of returning the deposit for the lease of the child care center which leased the real property owned by the defendant, and the plaintiff borrowed 26,00,000 won from the plaintiff's words, and borrowed 4,00,000 won for the plaintiff's money to the defendant. The plaintiff lent 20,000,000 won for the defendant's request for the loan by the defendant to make an investment in his shares. The plaintiff loaned the above amount to the defendant's total of 50,000,000 won for each month, but the remainder of the management expenses paid by the defendant to the defendant during the period in which the relationship was maintained.

In addition, the defendant's own credit card on behalf of the plaintiff, who is female, is only several occasions, and the plaintiff bears the card price, and it is done by lending the defendant's credit card.

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