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(영문) 수원지방법원 안양지원 2018.01.26 2017가단115239
대여금
Text

1. Defendant C’s KRW 46,147,510 as well as 5% per annum from August 10, 2017 to January 26, 2018.

Reasons

1. Basic facts

A. From December 18, 2012 to June 13, 2014, the Plaintiff deposited KRW 85,147,510 in the Defendant C’s account with Defendant C’s children as follows:

Serial 1. 60,00 on December 18, 2012 1. 60, 200 on July 11, 2013; 6,132,51 on August 7, 2013; 369, 463 on March 11, 2013; 6. 6. 3. 6. 1, 206. 3. 16. 3. 1, 205; 4. 4. 4. 6. 1, 205 on May 16, 2016; 10. 3. 4. 4. 1, 200 on May 16, 2016; 1,38; 9374; 13. 1,530, Oct. 15, 2013; 197;

B. Meanwhile, upon Defendant C’s request, the Plaintiff deposited KRW 10 million with D’s account on June 20, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) deposited KRW 85,147,510 on the account of Defendant C upon the request of the Plaintiff, and additionally deposited KRW 10 million on June 20, 2013 with the account of Defendant C’s designated by Defendant C. On July 31, 2013, the Plaintiff paid KRW 98,147,510 in cash and lent KRW 98,147,510 in total to Defendant C. However, as Defendant C paid KRW 49,147,510 out of the loans, it is obligated to pay the remainder of loans and delay damages therefrom. 2) Although Defendant C paid KRW 1,3 through 6,100,000 in total with KRW 1,38,122,200 and KRW 99,000 in total, the remainder of the loans and KRW 95,000 in 20,000 in 20.

B. First of the loan 1, the sum of KRW 3 million in cash out of the loan the Plaintiff claimed is insufficient to acknowledge the fact of loan solely with the statement 10, 21 of the evidence No. 1-21, and there is no other evidence to acknowledge it.

The following table.

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