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(영문) 창원지방법원 진주지원 2017.01.17 2016가단5258
대여금
Text

1. The Defendant’s KRW 3,00,000 as well as 5% per annum from August 4, 2016 to January 17, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that it is necessary for the Defendant to pay the rent for the Defendant’s vehicle, and, at any time, lent money to the Defendant on September 9, 2015, while living together with the Defendant, from time to time during the living together with the Defendant, and paid the money for living expenses and medical expenses, etc. A total of KRW 5,500,000,000, excluding the amount paid on August 10, 2016 (i.e., KRW 5,500,000,000) and damages for delay shall be paid to the Defendant.

B. Comprehensively taking account of the overall purport of the statements and arguments in evidence Nos. 7 and 8, the Plaintiff lent KRW 2 million to the account of the Defendant’s designated on September 9, 2015. According to the recording of conversations between the Plaintiff and the Defendant around June 27, 2016, the Plaintiff’s statement that “the Plaintiff loaned KRW 2 million to the account of the Defendant, 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

Therefore, barring any special circumstance, the Defendant’s obligation to perform is established and scope from August 4, 2016, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as to the Plaintiff’s remaining three million won excluding the amount of two million won already paid by the Defendant at the above settlement amount of KRW 5 million, and the Defendant’s obligation to perform.

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