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(영문) 울산지방법원 2016.02.03 2014가합3548
계금반환 등
Text

1. Defendant B’s KRW 42,370,00 and KRW 370,00 among the Plaintiff’s KRW 42,370,000 and KRW 14,000 from August 6, 2013.

Reasons

1. Basic facts

A. On June 2, 2012, Defendant B recruited a successful bid for the amount of KRW 30 million (hereinafter “the first limit”); on September 5, 2012, a successful bid for the amount of KRW 18 million (hereinafter “the second limit”); on March 10, 2013, a successful bid for the amount of KRW 30 million (hereinafter “the third limit”); and on March 10, 2013, the Plaintiff was each of the above three fraternitys; on September 2, 2013, the second limit was KRW 30,000,000 (hereinafter “the third limit”); on December 5, 2013, the sum of KRW 30,000,000 (hereinafter “the third limit”); on March 2, 2013, the sum of KRW 300,000,000,0000 (the Plaintiff’s deposit account) to KRW 301,300,000,000).

C. On October 13, 2013, Defendant B drafted a loan certificate stating that the Plaintiff shall lend KRW 20 million (hereinafter “the instant loan certificate”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 2 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. In relation to Plaintiff B, the Plaintiff, at the second and second circles, received interest of KRW 700,000 from Defendant B, and agreed to receive KRW 17,30,000,000,000,000 from Defendant B. However, the Defendant did not pay the said amount.

In addition, the plaintiff paid a total of 8 million won to the third fraternity, but since the third fraternity was sold due to the reasons of defendant B, the above 8 million won should be refunded.

In addition, Defendant B confirmed that he lent KRW 20 million from the Plaintiff to October 13, 2013, and drafted the instant loan certificate, and on August 5, 2013, Defendant B did not pay the amount of the loan by making the amount of KRW 370,000 from the F operated by the Plaintiff more than KRW 370,000,000.

Therefore, Defendant B paid KRW 14 million to the Plaintiff, and KRW 8 million to the third payment.

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