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(영문) 대전지방법원 2015.06.18 2014가단27743
대여금
Text

1. The defendant shall pay 83,950,000 won to the plaintiff and 20% per annum from June 13, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 2.4 million to the Defendant on June 15, 201, KRW 200 million on August 2, 2011, KRW 5.3 million on August 30, 2011, and KRW 4 million on October 25, 2011.

The Plaintiff received KRW 1.1 million from the Defendant on June 18, 201, KRW 500,000,000 from the Defendant, KRW 1.7 million on September 5, 2011, and KRW 1.7 million on October 24, 201 through C and D.

B. The Plaintiff lent KRW 924,00,000 to the Defendant on December 5, 201 and KRW 10,000 on December 7, 2011 by sending money to E.

On December 17, 2011, the Plaintiff leased KRW 3.4 million to the Defendant as a deposit for lease, and then was refunded KRW 1.3 million from the lessor on October 11, 2012. On the same day, the Plaintiff leased KRW 1 million to the Defendant on the same day, but was returned from the Defendant on December 4, 2012.

On December 18, 2011, the Plaintiff lent KRW 300,000 to the Defendant as the loan management fee.

On December 26, 2011, the Plaintiff lent KRW 10,000 to the Defendant as a check.

On December 28, 2011, the Plaintiff lent KRW 20,000 to the Defendant by means of remitting money to F.

On January 20, 2012, the Plaintiff lent KRW 300,00 to the Defendant by means of remitting money to G.

C. On December 9, 2011, the Plaintiff lent KRW 10 million to the Defendant, KRW 3 million on December 28, 201, KRW 4 million on May 31, 201, KRW 5 million on July 18, 2012, KRW 35 million on July 31, 2012, KRW 30 million on July 31, 201, and KRW 3 million on August 9, 2012, respectively.

The Plaintiff received a return of KRW 3 million from the Defendant on August 10, 2012.

The Plaintiff respectively lent KRW 70,00,000 to the Defendant on January 6, 2012, KRW 600,000,000 on January 6, 2012, KRW 5.4 million on January 12, 2012, KRW 13,00,000 on January 13, 2012, KRW 200,000 on January 14, 2012, and KRW 770,00 on January 16, 2012.

Since then, the Plaintiff collected KRW 13260,000 from the above loans through I.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence Nos. 1, 5, 12, 13, 15, 16, 19, 20, 21, 23, 24, 25, 26, Eul's evidence No. 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant limited the amount of 83,950,000 won and this limit.

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