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(영문) 창원지방법원진주지원 2017.06.20 2016가단33598
대여금
Text

1. The Defendant’s KRW 90,000,000 as well as the annual rate of KRW 5% from June 24, 2016 to June 20, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant knew that they made an investment with the same financial business entity C and D, and the Defendant has known that they made an investment with the same financial business entity C and D. As to the investment in E, which is another financial business entity (hereinafter “instant business entity”), the Defendant remitted the amount of KRW 37,200,000 to the account in the name of the Plaintiff on June 26, 2015 and July 1, 2015, and KRW 37,200,000 on July 14, 2015, and KRW 2,80,000 on July 15, 2015 (hereinafter “Defendant’s investment”).

B. On September 11, 2015, the Plaintiff remitted KRW 20,000,000 to the account under the Defendant’s name, and KRW 80,000,000 on September 23, 2015 (hereinafter “each of the instant money”) to the Defendant, but received a refund of KRW 10,00,000 from the Defendant on October 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1) The plaintiff alleged that he would repay the amount of KRW 10,00,000 on September 11, 2015, and KRW 100,000,000 on September 23, 2015 (i.e., KRW 20,000,0000) without interest (i., KRW 80,000,0000). Since the plaintiff was paid only KRW 10,00,000 among them, the defendant was obligated to pay the remainder of KRW 90,00,000 to the plaintiff (i.e., KRW 10,000,000 - KRW 10,000,000 - KRW 10,000,000) to the above 00,000,000 to the above 00,000,000,000 from the plaintiff's 200,000.

B. According to the evidence No. 4, determination of KRW 20,000,000 on September 11, 2015, the Defendant interest on KRW 20,000,000.

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