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(영문) 수원지방법원 2016.08.10 2016가단2723
대여금반환
Text

1. The Defendant’s KRW 51,421,650 for the Plaintiff and 5% per annum from January 30, 2016 to August 10, 2016.

Reasons

1. The fact of recognition / [Evidence] without any dispute, Gap 1-1, 2, Gap 2-1, 2, and Gap 3, and the purport of the whole pleadings;

A. The Plaintiff was a member of the Suwon Mountain Association, and the Defendant joined the said Mountain Association and became aware of the Plaintiff while doing so around 2011.

B. (1) The Defendant acquired D’s private taxi transport business license (hereinafter “instant license”) to the Plaintiff, and requested the Plaintiff to lend KRW 70 million to the Plaintiff KRW 1.5 million per month through five years after full payment of KRW 1.5 million through five years.

(2) Accordingly, on May 18, 2012, in order to ensure that the funds that the Plaintiff lent to the Defendant are used for the purchase of the instant license, KRW 5 million was remitted from the Plaintiff’s national bank account to D’s bank account, and KRW 1.5 million was directly paid to D in cash.

(3) On June 7, 2012, the Plaintiff transferred KRW 20 million to the Agricultural Cooperative Account in the name of D.

(4) On June 18, 2012, the Plaintiff remitted KRW 39.9 million to the Agricultural Cooperative Account in the name of D, and paid KRW 4.6 million in cash.

C. On June 20, 2012, the Defendant newly registered a motor vehicle as indicated in the separate sheet (hereinafter “instant motor vehicle”).

On the other hand, the instant license was transferred from D to the Defendant, and was authorized on June 18, 2012 at Suwon-si, and the Defendant is operating a private taxi business with the number plate granted by the instant license.

2. The allegations by the parties and the judgment of this court

A. According to the above recognition of loan claim, the defendant is obligated to pay the loan amounting to KRW 70 million and delay damages to the plaintiff, barring special circumstances.

B. The Defendant’s assertion as to (1) whether to repay the loan obligation (A) the Defendant paid KRW 23,510,000 to the Plaintiff’s bank account from July 5, 2012 to January 5, 2016, and claimed that the Plaintiff paid KRW 4,80,000 to the Plaintiff’s bank account, and that the Plaintiff paid KRW 4,80,000 in cash.

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