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(영문) 서울중앙지방법원 2018.01.10 2017가단11870
대여금
Text

1. Defendant D’s KRW 140,819,70, and as to the Plaintiff, KRW 5% per annum from January 5, 2017 to January 10, 2018, and the following:

Reasons

Basic Facts

From November 200, the Plaintiff borrowed money to Defendant D and received money from Defendant D, and transferred KRW 50,000,000 to Defendant D’s account on January 9, 2008, and January 14, 2008.

On January 14, 2008, Defendant D made a payment note (No. 1, 2008; hereinafter “instant payment note”) to the effect that Defendant B (at the time, Defendant B was the last ordered at the time; hereinafter Defendant B) as the debtor, Defendant D as the guarantor, and that “the daily amount of KRW 100 million was borrowed as of January 14, 2008,” and delivered it to the Plaintiff with the seal affixed by the Defendants.

[Grounds for recognition] No dispute exists. The plaintiff's assertion as to the plaintiff's claim as to the plaintiff's claim as to the plaintiff's claim as to Gap's evidence Nos. 1 and 2 (including a branch number; hereinafter the same shall apply) and the ground for claim as to the whole of the pleadings. The plaintiff's claim as to the plaintiff's claim as to the plaintiff's claim as to the claim as to defendant Eul from November 2000, and around January 2008, the plaintiff's claim as to the plaintiff's claim as to the plaintiff's claim as to the plaintiff's claim against defendant Eul is necessary for the auction of defendant Eul, who is the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff, and

Although some of the money was received from Defendant D after the drawing up of the instant payment note, this did not have been paid KRW 200,000,000 with interest or fraternity payment.

After drawing up the instant payment note, 30,000,000 won that the Plaintiff sent to E was also lent to Defendant D.

Defendant D’s assertion that the amount the Plaintiff paid to Defendant D prior to the preparation of the instant statement of payment was KRW 200,281,000, while Defendant D paid to Defendant D the amount the Plaintiff paid to the Plaintiff was KRW 224,750,000, and there was no debt.

Around January 2008, the letter of payment in this case was drawn up by borrowing KRW 72,00,000, but this was different from the fact, and around that time, the Plaintiff agreed to reverse the letter of payment, but the Plaintiff committed an undertaking.

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