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(영문) 창원지방법원 2019.04.17 2018가단11803
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 154,00,000 and the interest rate of KRW 15% per annum from October 9, 2018 to the date of full payment.

Reasons

1. The Plaintiff asserts that, upon receiving a request from the Defendant’s convict C, the Plaintiff: (a) “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

Accordingly, the defendant asserts that since the defendant borrowed money from D, the plaintiff's claim for the loan is groundless.

2. In full view of the following facts and circumstances, it is reasonable to see that the creditor of the instant loan is the Plaintiff, taking into account the descriptions of the evidence Nos. 1 through 6, witness D, and witness testimony of each of the following facts and circumstances acknowledged by considering the overall purport of the pleadings:

① The Defendant’s certificate of borrowing (No. 1-1) states that “No creditor is indicated in the certificate of borrowing (No. 1-1),” and that “No. 154,000,000 won per day shall be provided with three households of E-building F, G, and H in Yangsan-si, Yangsan-si, and the sales contract shall be performed until February 20, 2018.”

② The Plaintiff is holding the above three-generation sales contract.

③ A witness D testified that he lent the money to the Defendant in this court, and C testified that the money entered in his passbook would be the money of the Plaintiff.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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