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(영문) 춘천지방법원강릉지원 2020.08.25 2019가단32039
대여금
Text

Defendant B’s KRW 48,00,000 and its amount are 5% per annum from August 15, 2019 to August 25, 2020.

Reasons

1. Basic facts

A. From September 5, 2016 to January 16, 2018, the Plaintiff remitted total of KRW 50,930,000 to Defendant B, the same resident, a total of 14 times (hereinafter “the total amount”), and the details of the remittance are as indicated in the attached sheet.

B. From October 15, 2016 to November 28, 2018, Defendant B remitted total of KRW 11,300,000 to the Plaintiff on a total of 20 occasions (hereinafter “instant return”). The specific details are as indicated in the attached sheet.

C. On the other hand, on October 16, 2018, the Plaintiff transferred KRW 20 million to Defendant C, another Dong-in, who is another Dong-in.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 5 (including each number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff asserts that the remittance amount of this case is the amount loaned to Defendant B without due date (i.e., KRW 59.3 million of the remittance amount of this case - In the case of a partial refund as stated in the column for return of KRW 11.3 million of the refund amount of this case, the account transaction details in the account is "materials Price"; however, the plaintiff also claims the return of the remittance amount of this case as part of the payment amount of this case, and the defendant Eul claims that the remittance amount of this case was donated from the plaintiff or received as the money of the fraternity, and the plaintiff claims the plaintiff's claim.

B. Determination is based on the following circumstances, i.e., the total amount of remittance of this case is relatively larger than KRW 59.3 million, and ii) the Plaintiff related to each remittance as indicated in the separate sheet Nos. 1, 3, 5, 6, 10, and 11.

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