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(영문) 수원지방법원 2017.05.10 2016가단521262
대여금
Text

1. The Defendant’s KRW 6,947,325 as well as 5% per annum from August 17, 2016 to May 10, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2, 2001, the Plaintiff entered into a monetary loan agreement with the Defendant as of KRW 8 million in principal, interest rate of KRW 2% per month, and due date of payment September 30, 2001, and lent KRW 8 million to the Defendant (hereinafter “loan”) thereafter, the Defendant repaid KRW 1 million to the Plaintiff on April 24, 2002, and the Plaintiff and the Defendant appropriated the said KRW 1 million for the repayment of principal.

B. On March 30, 2002, the Plaintiff received each of the five copies of the household check which caused three million won per face value, and one copy of the household check which caused three million won per face value on May 10, 2002, and lent money to the Defendant (hereinafter “loan”), and thereafter, the Defendant recovered all of the above checks from the Plaintiff.

C. The Plaintiff’s bank account is the Defendant’s bank account amounting to KRW 2.7 million on January 19, 2002, KRW 7.2 million on April 3, 2002, KRW 5 million on August 5, 2002, and KRW 15.5 million on January 21, 2003.

(3) [In the absence of any dispute over the grounds for recognition, each entry between Gap and four, and the purport of the whole pleadings.]

2. The plaintiff asserted on July 2, 2001: (a) the loan of KRW 7 million on April 24, 2002 was paid with the principal amounting to KRW 1 million; (b) the defendant received six copies of the household check causing KRW 3 million at par value and lent KRW 18 million at face value to the defendant; (c) the defendant found the plaintiff and did not recover the above coefficient, he was punished as a violation of the Illegal Check Control Act; (d) in turn, if the defendant did not recover the coefficient, he shall be punished as a bad credit holder; and (e) on the other hand, the defendant returned the loan of KRW 18 million at face value and interest on the loan of KRW 18 million at face value; and (e) the defendant did not pay the loan of KRW 18 million at face value to the defendant; and (e) the defendant did not pay the loan of KRW 15 million at face value to the bank account from 150,200 to 15,201.

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