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(영문) 수원지방법원 2020.02.06 2019나54092
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The plaintiff asserts that he lent a total of KRW 120 million to the defendant four times as listed in the table below, and the defendant merely received KRW 60 million from the plaintiff as investment in foreign futures trading around 2015, and did not borrow money, and all of the investment amounts were returned.

On May 12, 2014, KRW 25 million in cash, KRW 15 million in cash, and KRW 20 million in the Defendant’s account on July 15, 2014, KRW 20 million on March 16, 32015, KRW 20 million, KRW 40 million in the transfer of KRW 20 million in the Defendant’s account on June 15, 2015, KRW 40 million in the total of KRW 120 million in the Defendant’s account on June 15, 2015.

2. Facts of recognition;

A. On May 12, 2014, the Plaintiff withdrawn KRW 25 million at C Association’s 3 check number F, G 10 million each, and H 5 million each from H 3 check number F, G 10,000 won. On May 13, 2014, the Defendant offered a proposal for payment of each of the above checks and exchanged in cash at the counterpart branch of D Bank.

B. On July 15, 2014, the Plaintiff withdrawn KRW 20 million from C Association with two check number I and J KRW 10 million each, respectively. On July 16, 2014, the Defendant offered a payment proposal and exchanged in cash at E Association Seadong points.

C. On March 16, 2015, the Plaintiff transferred to the Defendant KRW 20 million, and KRW 40 million on June 15, 2015, respectively. D.

The Defendant paid KRW 1.5 million to the Plaintiff, respectively, on June 11, 2014, and July 11, 2014; KRW 1.5 million each month from August 201 to March 2015; KRW 2 million each month from April 2015 to June 2015; and KRW 3 million each month from July 201, 2015 to May 11, 2016; KRW 3 million each month; and KRW 3 million each month from September 20, 2016 to September 30, 2016; KRW 300,000,000 on September 31, 2016; KRW 300,000 on October 31, 2017; and KRW 1.5 million on December 31, 2018, respectively.

Specific date and amount of payment shall be as specified in the attached Table.

[Ground of recognition] The facts without dispute, Gap evidence 2, 5, 6, Eul evidence 1 to 8, response to each order to submit financial transaction information to the D Bank, E Association, and the purport of the whole pleadings

3. Determination

(a) loans;

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