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(영문) 인천지방법원 2019.01.30 2016가단246335
대여금
Text

1. The defendant shall pay to the plaintiff KRW 25,50,000 as well as KRW 25,200,00 among them, from November 2, 2015 to the day of full payment.

Reasons

1. Amount of 3,00,000,000 20,000,000,000 on January 14, 2015, 201: 3,00 on March 17, 2015; 4,000,00 on March 17, 2015; 7,00,000 on March 24, 2015; 00,00 on March 27, 2015; 15,000 on March 15, 200,00 on 42,00,000,00 on 0,00 on 31, 30,00,00 on 6,00,00 on 31,31, 7,000,000 on 10,000,000 on 14, 2015;

A. While the Plaintiff associates with the Defendant, from January 14, 2015 to July 31, 2015, the Plaintiff transferred money to the Defendant as indicated in the following table (unit: source; hereinafter “transfer table”).

B. In April 2015, the Defendant opened the C store (hereinafter “C”).

C. On July 31, 2015, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Defendant borrowed KRW 25,500,000 from the Plaintiff on July 31, 2015, at the maturity of payment, KRW 25,500,000 from the Plaintiff on July 31, 2015, and the delayed payment amount at KRW 20% per annum,” from the law firm D on July 31, 2015.

With respect to the sum of KRW 20,00,000 as stated in the remittance table Nos. 1 through 4, the Defendant was sentenced to a fine of KRW 4 million from the above court on February 22, 2018 for the following facts constituting the crime, and the Defendant appealed against it, but the Defendant appealed against it, but the appeal was dismissed, and the above judgment became final and conclusive.

On January 14, 2015, the Defendant stated that “The Defendant would make a criminal complaint against the victim A by leaving the victim’s no seat at a stand-to-faced shop in the Namyang-si, Namyang-si, with the Defendant’s “I will pay 100,000 won interest per month, and receive money from the employee loan for a period of four months.”

However, the defendant did not have any particular property and did not have any intent or ability to repay the above money, and used it individually.

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