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(영문) 수원지방법원성남지원 2017.09.22 2016가단28650
대여금 등
Text

1. The Defendant’s KRW 57,183,969 for the Plaintiff and 5% per annum from December 23, 2016 to September 22, 2017.

Reasons

The Plaintiff’s assertion by the Plaintiff is liable to pay KRW 104,00,000 to the Defendant on September 1, 2014; KRW 19,000,000 on May 26, 2015; and KRW 15,00,000 on June 3, 2015; and the Defendant repaid KRW 30,00,000 on September 16, 2014. The Defendant is liable to pay the remainder of KRW 74,00,000 on the remainder of the loan and delay damages thereon.

Defendant borrowed KRW 70,00,000 from C on September 1, 2014, and did not borrow the above amount from the Plaintiff.

Therefore, the Defendant borrowed total of KRW 34,00,000 from the Plaintiff on May 26, 2015 and KRW 34,000,000 on June 3, 2015, and repaid KRW 15,00,000 among them, and thus, the remainder of the loan is merely KRW 19,00,000,000.

According to the evidence evidence Nos. 1 and 3-1, 2, 3, and 4 of the loan claim No. 70,000 won, the defendant prepared a cash custody certificate to the effect that the loan claim No. 1, 70,000,000 won will be paid until September 16, 2014 (hereinafter referred to as the "certificate of this case"), the plaintiff requested a certified judicial scrivener of early August 2016 to make a provisional seizure on the real estate owned by the defendant, and the original copy of the deed of this case was delivered to D as evidence at the time of the above provisional seizure application. The plaintiff held a copy of the certificate of this case as of the date of the above provisional seizure application, it is recognized that the plaintiff and his spouse's financial account constituted a total of KRW 70,00,000,000 from the financial account of the plaintiff and his spouse, but it is difficult for the plaintiff to find out the credibility of the deed of this case to be paid to C00,000 won without being aware of specific reasons for the plaintiff's testimony.

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