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(영문) 서울중앙지방법원 2018.05.29 2017가단34453
대여금
Text

1. As to KRW 58,198,693 and KRW 55,838,489 among the Plaintiff, the Defendant has 5% per annum from February 12, 2016 to August 24, 2017.

Reasons

1. The plaintiff asserts that, under the premise that the plaintiff lent KRW 61 million to the defendant through Dong C through Dong C, the total amount of KRW 7.99 million received from the interest source should be repaid from the defendant when he/she appropriated the claim at a statutory rate of 5%.

The defendant asserts that the above 61 million won is not the plaintiff but C and the defendant, and that the above 61 million won also is unilaterally remitted to the defendant and deposited and preserved by the defendant without the defendant's prior consent. Thus, the defendant asserts that if the above 7.9 million won which was returned to C is deducted from the amount of 7.9 million won, the obligation to return to C is only 53 million won.

In addition, the defendant asserts that C has no obligation to pay to C the balance of the loan related to auction and the amount of 50 million won investment agreement because it has a opposing claim of 3 million won and 50 million won investment agreement.

2. Facts of recognition and judgment

A. Regarding whether the Plaintiff leased KRW 6,10,00 to the Defendant, Gap evidence 1, Gap evidence 3, 4, 5, Eul evidence 8, Eul evidence 3, Eul evidence 16, Eul evidence 16 (including additional serial numbers), and witness Eul's testimony and arguments, the Plaintiff became aware of the Plaintiff's singing practice room by introducing C around March 1, 2014; ② the Plaintiff borrowed KRW 180,000 from E Bank on April 11, 2014; and transferred KRW 7,1850,000 from the above money to KRW 2,000,000,000 won, KRW 4,000,000 won, KRW 2,514,000 from the above money; ③ the Defendant transferred KRW 3,501,000,000 won to the Plaintiff's bank account (hereinafter referred to as "the instant deposit account"); and ③ the Defendant transferred KRW 1,514,214.15.25

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