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(영문) 춘천지방법원원주지원 2015.02.05 2014가단1415
대여금
Text

1. The Defendant (Counterclaim Plaintiff) B is fully paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from August 24, 2012.

Reasons

1. Determination on the main claim

A. The Plaintiff and Defendant B had a long-term relationship with Defendant B, and around 2003, they had been engaged in money transactions between multiple persons, including lending money to Defendant B or subscribing to the fraternity organized and operated by Defendant B. Defendant B borrowed KRW 10,000,000 to the Plaintiff on May 13, 201, until December 13, 2011, and borrowed interest from the Plaintiff until December 13, 201 (hereinafter “instant primary proof”).

(1) Around January 22, 2009, Defendant B borrowed KRW 10,000 from Nonparty D, introduced by the Plaintiff, and the Plaintiff paid KRW 10,000,000 to D around September 21, 201; Defendant B paid KRW 10,000 to the Plaintiff on September 22, 2011 following the following day; and Defendant B borrowed KRW 10,000,000 to the Plaintiff on September 22, 2011 as interest monthly and one year after the due date (hereinafter “instant secondary proof”).

(2) On August 23, 2012, the Plaintiff borrowed KRW 30,00,000 per annum 20% per annum, including KRW 30,000,000 from May 13, 201 and KRW 30,000 on September 22, 2011, and KRW 30,000 on August 23, 2012. The Plaintiff shall be held liable for the failure to repay by August 23, 2014, and shall also be held liable for civil and criminal liability if it is possible to do so.”

A) The facts constituting Gap's evidence Nos. 1, 2-1 through 6, 5, 9-4 through 9, 10-2 through 6, 13-1, 2, 14-1, 2, 14-2, 14-2, 1, 2-2, 5-2, 5-1 through 4, 5-1 through 5-4, 4 of the evidence Nos. 5-1, 4, 5-2, 5-1 through 5-4, 9-2, 14-2, 14-2, 1, 2-2, 1, 2-2, 4, 5-1, 5-1, 5-2, 5-2, 5-3, 100,000 won, and 10,000 won, which are all the arguments of each of the financial transaction information submission orders issued against the original agricultural cooperative of the Republic of Korea.

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