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(영문) 대전지방법원홍성지원 2020.02.19 2019가단876
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 120,412,006 and KRW 110,00,000 among them, from October 12, 2003 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The plaintiff does not have any dispute over the cause of the claim between the defendant Eul on March 13, 199; 5,000,000 won on December 7, 1999; 15,000,000 won on December 10, 199; 28,000 won on April 23, 2001; 10,000 won on April 26, 2001; 15,00,000,000 won on July 26, 201; 200,000,000 won on October 28, 2001; 10,000 won on October 10, 200; 10,000 won on April 20, 200; and 10,000 won on April 23, 200; and

According to this, the defendant is obligated to pay 120,000,000 won and damages for delay to the plaintiff, unless there are special circumstances.

B. On or before May 2006, Defendant B paid KRW 20,000,00 in cash, and KRW 1,500,000,00 in total, from December 13, 2005 to January 2006, and repaid KRW 77,50,000 from January 13, 2008 to January 2018. The principal borrowed money from the Plaintiff to D (former name E) and lent the money to the Plaintiff on the date of receiving the money of KRW 50,00,00 (30,000,000,000,000) from the Defendant’s operation to the date of receiving the money of KRW 1,50,00,00,00 from January 13, 2008, Defendant B did not dispute between the parties and the Plaintiff until January 7, 2008.

Comprehensively taking account of the purport of the entire pleadings in the statement No. 5, Defendant B’s repayment of KRW 1,00,000 on December 9, 2005 to the Plaintiff’s account through Defendant C, and KRW 50,000 on January 12, 206 may be recognized, and there is no counter-proof.

However, in light of the respective descriptions of evidence Nos. 1-1, 6, and 9, the part that Defendant B repaid in cash to the Plaintiff, other than the above-mentioned contents, is insufficient to recognize only the descriptions of evidence Nos. 2-3 and 4, and there is no other evidence to prove otherwise.

3. Defendant B paid to the Plaintiff KRW 1,00,000 on December 9, 2005, KRW 500,000 on January 12, 2006, and KRW 77,500,000 from 2006 to 2018.

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