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(영문) 인천지방법원 부천지원 2018.06.19 2017가단11508
대여금 등
Text

1. The Defendant’s KRW 31,800,000 and annual interest thereon from September 5, 2017 to June 19, 2018 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. As the Plaintiff loaned to the Defendant a total of KRW 44.8 million from October 31, 2016 to December 14, 2016 at the maturity of 200,000 to April 25, 2017 and 2.5% of the interest, the Defendant is obligated to pay the Plaintiff.

B. When the Plaintiff acquired a large-scale passenger vehicle owned by the Defendant from the Defendant, the Plaintiff agreed to pay to the Plaintiff KRW 1.2 million per month and KRW 2.5 million per month among the advertising revenue generated from the said vehicle, such as the vehicle transfer registration fee and insurance premium. Since the Defendant failed to perform this, the Plaintiff is obligated to cancel the relevant vehicle transfer contract by serving a duplicate of the instant complaint, and to accept the procedure for the registration of the transfer of ownership from the Plaintiff due to restitution to its original state.

2. Determination

A. The Plaintiff’s loan of KRW 31,80,00 to the Defendant as indicated in the following table is not disputed between the parties, or the Plaintiff’s loan of KRW 20,00 to the Defendant is recognized by adding the entire purport of the pleadings to the written evidence Nos. 1, 3, and 6 (Therefore, the Defendant’s assertion that the money set forth in the table Nos. 2 through 5 is borrowed from the Plaintiff, other than the Defendant, is not accepted). On November 1, 2016, the amount (unit: KRW 5,00,000 on April 1, 2016 (unit: KRW 7,000,000 on December 1, 2016; KRW 200,000 on November 14, 2016; the Plaintiff’s loan of KRW 30,000,000 on June 1, 201, 2008; and the Plaintiff’s loan of KRW 30,000.31.

Therefore, it is reasonable for the Defendant to dispute the existence and scope of the obligation from September 5, 2017, which was the following day after the delivery of a copy of the instant complaint to the Plaintiff.

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