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Reasons
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(영문) 인천지방법원부천지원 2019.07.12 2019가단13980
대여금
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1. The Defendant’s KRW 1450,000 and KRW 100 million among the Plaintiff’s KRW 1450,000 and KRW 150,000,000.

Reasons

1. Basic facts

A. As indicated below, the Plaintiff as from January 2, 2014 to the Defendant for the same year.

5.2. Until January 7, 2015, a total of KRW 60 million was remitted to the Defendant. On January 7, 2015, an apartment owned by the Plaintiff was loaned KRW 100 million from a financial institution as security, and then, the amount was remitted to the Defendant.

Meanwhile, from May 14, 2014 to July 20, 2017, the Defendant remitted total of KRW 50 million to the Plaintiff.

On January 2, 2014, the date and time amount of the Plaintiff-Plaintiff’s temporary payment (won) (hereinafter referred to as “Defendant-Plaintiff”) (hereinafter referred to as the “Defendant-Plaintiff”) shall be the sum of the 6,000,000,000 January 6, 2014, May 22, 2014, 2014; 5,000,000,000 on May 2, 2014, 200 on May 14, 2014; 16,00,000 on June 30, 200, 200, 3,000,000 on August 3, 14, 200, 200, 100,000, 190,000, 200,000, 200, 130, 2016;

B. Meanwhile, from February 23, 2015 to August 2018, the Defendant remitted 300,000 won per month to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that "the principal was remaining in KRW 150 million since the plaintiff lent a total of KRW 150 million to the defendant and received KRW 50 million among them. The defendant agreed on January 7, 2015 to pay interest of KRW 300,000 per month on the plaintiff's secured loan from January 7, 2015. Since interest was paid KRW 150,000 per month from November 2018 to January 1, 2019, the unpaid agreement is KRW 450,000,000,000 won. Therefore, the defendant is obligated to pay the plaintiff 1450,000 won and its delay damages to the plaintiff. 2) The defendant is not an unmarried mother center's loan from KRW 60,000,000,000,000,000,000,000,000,000 won as claimed by the plaintiff.

The remainder of KRW 10 million ( = KRW 4 million as of January 22, 2014) shall be from May 14, 2014 to August 14, 2015, respectively.

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