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(영문) 청주지방법원 2016.04.28 2015가합936
대여금
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual interest from November 1, 2013 to April 2, 2015, and on April 3, 2015.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s ground of claim is that the Plaintiff seeks loans or selective payments from the Defendant.

B. Determination 1) According to the overall purport of Gap evidence Nos. 1 through 7 and Gap evidence Nos. 9 through 11 and the entire purport of the pleadings, the following facts may be acknowledged. The entries of Eul evidence Nos. 1 through 3 and Eul evidence Nos. 5 through 8 alone are insufficient to reverse the above recognition, and no other counter-proof exists. A) The plaintiff agreed with the defendant with the defendant by dividing the profits from each of the above projects into the following projects, with regard to the project of developing the civil petition site C, Cheongju-si, which the defendant was proceeding from June 2012 to September 2012, 201, with respect to the development of the civil petition site C, D multi-household and multi-household housing construction project, the building project, and the building project, etc. of the urban-type residential housing E-gu, Seo-gu, Seo-gu, Seoul.

B) According to the above agreement, the Plaintiff’s total amount of KRW 420,576,548 (hereinafter “each of the instant payments”) to a person designated by the Defendant or the Defendant on several occasions from July 2012 to January 2013 under the pretext of civil engineering construction cost, land purchase cost, and other loan funds (hereinafter “each of the instant payments”).

(C) On October 22, 2013, the Defendant issued or remitted a written confirmation (Evidence No. 1, 2013, hereinafter “instant confirmation”) stating that “I will pay to the Plaintiff KRW 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. According to the above facts of recognition, an agreement was concluded between the Plaintiff and the Defendant on October 22, 2013 on the repayment of KRW 300,000,000 out of the respective payments of this case by October 30, 2013. Thus, barring any special circumstance, the Defendant shall pay the Plaintiff KRW 300,000,000, and thus, barring any special circumstance.

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