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(영문) 창원지방법원 통영지원 2017.01.12 2016가단2238
대여금
Text

1. The defendant,

A. 40,000,000 won to Plaintiff A;

B. Plaintiff B’s KRW 75,00,000 and each of them shall be from April 23, 2016.

Reasons

1. Basic facts

A. On August 28, 2007, Plaintiff A remitted KRW 125,00,000 in total to the Defendant, and KRW 73,000,000 on August 29, 2007, KRW 20,000 on August 29, 2007, KRW 3) 125,00,000 on September 5, 2007. (B) The Plaintiff B paid KRW 17,00,000 on August 28, 2007, KRW 17,000 on KRW 00,00 on August 28, 2007, KRW 10,000 on KRW 14,00,00 on KRW 7,00 on August 26, 200, KRW 300 on September 17, 205, KRW 200 on KRW 700,00 on September 28, 2007.

A) The sales contract to purchase the purchase price of KRW 1,280,000 (hereinafter “instant sales contract”) is deemed a sales contract to purchase KRW 1,280,000.

e.D paid KRW 85,000,000 to Plaintiff A, 130,000 as down payment. D paid KRW 85,00,000,000 in total, for December 17, 2009, 200. [Grounds for recognition] The parties concerned have no dispute, each entry in Gap evidence 1, 2 evidence (including each number, Eul evidence 1, 2 evidence, witness evidence 1, 2 evidence, witness witness D’s testimony, and the purport of the entire pleadings.

2. The parties' assertion

A. 1) The plaintiffs' assertion 1) the defendant, the plaintiff Eul lent KRW 125,00,000 to the defendant, the plaintiff Eul lent KRW 75,000,000 to the plaintiff Eul, and the plaintiff Gap was refunded KRW 85,00,000 out of the above money (main cause of claim). 2) The plaintiff Eul did not have a face awareness for D before lending money to the defendant, and the plaintiff Eul did not have a specific kind of relationship as to the face.

3) If the Plaintiffs were to make investments to D, they would not only have received a document related to the investment from D in advance, but also have made a deposit into D’s passbook other than the Defendant’s passbook. 4) The Defendant promised to continue to make a payment to the Plaintiffs.

Preliminary cause of claim.

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