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(영문) 청주지방법원 2016.03.16 2015나11954
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 47,500,000 as well as to November 7, 2013.

Reasons

1. Basic facts

A. The Plaintiff, from the account under the Plaintiff’s name or the account under C’s name, transferred each of the KRW 3 million to the account under the Defendant’s name on June 24, 201, KRW 300,000,000 on July 28, 201, KRW 200,000 on August 16, 201, KRW 8 million on August 19, 201, and KRW 23,30,000 on August 19, 201, respectively.

B. After that, the Plaintiff, from the account in the name of the Plaintiff to the account in the name of the Defendant, remitted each total of KRW 24.5 million on January 10, 201 to the account in the name of the Defendant, KRW 1.8 million on April 24, 2012, and KRW 1.5 million on May 20, 2012.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 3, and 7 (if there are various numbers, including various numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff KRW 47.5 million (the sum of KRW 23 million and KRW 24.5 million (hereinafter “instant loan”) out of the loans between January 10, 201 and May 20, 2012, between around May 20, 2012.

B. The judgment of the court of first instance on whether to pay KRW 13 million was paid in part at the Plaintiff’s account. The Plaintiff asserted that the Plaintiff was paid KRW 11.3 million and that the Plaintiff was paid in part at the Plaintiff’s account, and that it was paid in the account related to the card that was used for the Plaintiff, other than the instant loan, by means of check payment, cash card use, etc. from November 8, 201 to December 15, 2011. The Defendant asserted that KRW 19.5 million was deposited in the account related to the card that was used for the Plaintiff.

According to the above argument by the original defendant, the above 11.3 million won is judged to be the money deposited in the account in the name of the plaintiff related to the above cash card while using the cash card that the defendant received from the plaintiff, and therefore, it is not determined to have been paid to the plaintiff for the purpose of paying the loan of this case.

(c) defences;

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