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(영문) 춘천지방법원 강릉지원 2018.10.23 2017나32302
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts of the foundation that the Plaintiff transferred the sum of KRW 26,106,00 (hereinafter “the Plaintiff’s alleged loan”) to the account in the name of the Defendant or F (a spouse in a de facto marital relationship with the Defendant) by means of the account in C (A) or D, E, or I is recognized in full view of the purport of the entire pleadings by the parties concerned, or by taking account of the following descriptions (including the number of numbers in a de facto marital relationship with the Defendant; hereinafter the same).

Defendants 1201, 201, 201, 201, 30-1, 20-1, 201, 201, 201, 30-1, 20-3, 13, 2014-19, 200 CF3, 14-05-15, 14 2014-14, 207, 201, 30-2, 20-14, 20-30, 201, 20-30, 201, 20-4, 201, 20-30, 201, 20-4, 201, 30-4, 201, 20-30, 204, 200-30, 200, 2014, 2014, 2014-30-4, 2010-20

2. Determination as to the cause of action

A. Whether the Defendant is liable to repay as the borrower? The summary of the Plaintiff’s assertion is as follows: (a) The Plaintiff set the Plaintiff’s loan to “Defendant” other than F, at the rate of 24% per annum.

Since the Defendant received most of the above loans through the account opened in the name of the Defendant, and the considerable part of the loan was used for the business or operating expenses of the J cafeteria operated by the Defendant (hereinafter “instant cafeteria”), it is in a monetary loan for loan for consumption on the Plaintiff’s assertion.

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