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Reasons
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(영문) 서울북부지방법원 2018.06.21 2017가단129893
대여금
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1. Defendant B’s KRW 4,600,000 and the Plaintiff’s annual rate of KRW 5% from September 1, 2017 to June 21, 2018.

Reasons

1. As to the claim against the defendant B

A. 1 Determination as to the cause of the claim 1) In addition to the purport of the entire pleadings in the statement in Gap evidence No. 1, the Plaintiff’s loan to Defendant B on September 27, 201 without setting interest and due date (hereinafter “loans on September 27, 2011”).

(2) The Plaintiff’s loan is recognized as having lent to the Defendant on February 21, 2012 (hereinafter “loan”) and KRW 600,000 to the said Defendant on February 21, 2012.

(2) The Defendant asserts that, barring any special circumstance, barring any dispute between the parties, the Plaintiff was obligated to pay the Plaintiff a total of KRW 4.6 million (i.e., KRW 4 million) and damages for delay thereof (i.e., KRW 6 million). (ii) In addition to each loan extended on September 27, 2011 and February 21, 2012, the Plaintiff account transfer total of KRW 51,242,530, as described in attached Table 1, as well as each loan extended on September 27, 2011, and KRW 48,000,000 in cash as described in attached Table 2, and additionally lent KRW 103,242,530,000 in total, as stated in attached Table 1.

On the other hand, when the defendant asserts that the plaintiff lent money to the defendant, the defendant bears the burden of proof as to the loan.

It is reasonable to conclude that each of the money listed in the separate sheet Nos. 1, 2, 4, 5, and 6 is loans to Defendant B, or that each of the money listed in the separate sheet Nos. 1, 1, 2, 2, 4, 5, and 10 is loans to Defendant B, or that the Plaintiff actually paid and lent to the Defendant the money listed in the separate sheet Nos. 2, 9, and there is no other evidence to prove otherwise. Thus, the Plaintiff’s claim for this part cannot be accepted.

3. In addition, on April 15, 2012, the Plaintiff between Defendant B and the husband of the above Defendant C, the husband of the above Defendant C, KRW 5 million, monthly rent, and KRW 150,000,000.

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