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(영문) 청주지방법원 2019.07.24 2019나563
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

On February 22, 2018, the Plaintiff respectively lent KRW 15 million to the Defendant and KRW 5 million on March 1, 2018.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above borrowed money of KRW 20 million and delay damages.

Defendant 1,5 million won deposited into the Defendant account on February 22, 2018 is limited to delivering the money received from the Plaintiff to C with the money lent by the Plaintiff to C. It is merely a transfer of the money received from D to the Defendant’s designated account by the Plaintiff to D with the money lent by the Plaintiff on March 1, 2018.

Meanwhile, the Defendant’s receipt of a loan with a loan of KRW 30 million from C was prepared by the Plaintiff to lend KRW 30 million to C and D, but it was only KRW 20 million to the Defendant, and it was made on convenience for the Defendant to use evidence that the Defendant offered KRW 30 million to C, and the Defendant did not lend KRW 30 million to C, and the Defendant’s receipt of a loan from KRW 2365 million from February 20, 2018 to March 30, 2018 was merely a reason separate from the above loan and was not repaid.

Therefore, since the defendant directly borrowed the above KRW 20 million from the plaintiff, the plaintiff's claim is without merit.

Facts of recognition

On February 22, 2018, the Plaintiff remitted KRW 15 million to the Defendant’s account, and remitted KRW 5 million to the D account on March 1, 2018.

After receiving the above five million won from D, the defendant transferred it to the account designated by D again.

The Defendant remitted to C the total of KRW 23.5 million on February 22, 2018, and KRW 23.5 million on February 26, 2018.

Loan amounts: 30 million won borrowed on two occasions on February 22, 2018 and February 26, 2018, and promise to pay the amount of KRW 2-3 million each day from March 7, 2018 to March 18, 2018. If you want to undertake the promise, they will pay the amount of KRW 2-3 million each day.

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