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(영문) 수원지방법원여주지원 2020.10.13 2020가단50466
대여금
Text

1. The Defendant’s KRW 62,258,44 and KRW 56,849,33 among them shall be from May 8, 2019 to October 13, 2020.

Reasons

In fact, the defendant is a person who is in a legal marital relationship with C, who is a father and wife of the plaintiff, and is in a fraudulent relationship.

However, the defendant is currently in a divorce lawsuit with C.

The Plaintiff, on September 18, 2018, paid the following money in the name of the Defendant or C, KRW 30 million,000,000 in the D Bank Account under the name of the Defendant on September 6, 2016, KRW 30 million on November 9, 2016, KRW 30 million on September 17, 2018, KRW 320 million on September 17, 2018, KRW 30,000 in total, KRW 63 million on September 18, 2018.

(1) The Plaintiff agreed to pay interest rate of 6% per annum to the Defendant, on the following grounds: (a) the amount described in Nos. 1 and 2 plus the amount listed in Nos. 3 and 4 plus the amount listed in Nos. 3 and 4; and (b) the term “no. 1 or 3;” and (c) the term “no. 1 or 4.” (a) there is no dispute; (b) each entry in Nos. 1-3, Nos. 1 and 2; and (c) the purport of the entire pleadings; and (d) the Plaintiff’s assertion of the purport of the entire pleadings.

Until now, the Defendant paid to the Plaintiff only KRW 90,00,000,00 (total six times x KRW 1.50,000) as interest on the second amount (=total six times) around November 2016 to April 2017, and KRW 2.1 million as interest on the second and third amount from November 201 to May 2019 (=total seven times x KRW 300,00).

Therefore, the defendant is obligated to pay to the plaintiff the amount stated in the purport of the claim with each of the amounts of this case and interest or damages for delay.

Defendant 1’s each of the instant money is not the money that the Plaintiff lent to the Defendant, but the money that the Plaintiff donated.

(2) If a domestic loan is deemed to have been made, the Plaintiff’s claim is unreasonable for the following reasons.

In the case of the third money of an organization to be established, it shall not be held liable for the whole amount to the defendant, since it was paid to the account in the name of the defendant, not the defendant, and C was partially used.

There is no agreement between the Republic of Korea and the Republic of Korea on the advance payment of 2,3rd money.

The defendant is from October 27, 2016 to July 2019.

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