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(영문) 전주지방법원정읍지원 2020.07.14 2019가단12228
대여금
Text

The defendant's KRW 60,000,000 and its interest to the plaintiff shall be 5% per annum from July 11, 2019 to July 14, 2020, and the following.

Reasons

The Plaintiff prepared a loan certificate stating that KRW 240,00,000 has been transferred to the account under the name of the Defendant from November 27, 2014 to June 26, 2017 (Evidence A2), and finally, on June 21, 2017, the Defendant borrowed KRW 160,000 from the Plaintiff on June 26, 2017 (hereinafter “the loan certificate of this case”). If the Plaintiff and the Defendant drafted the above loan certificate, deducted the amount repaid until then from the date of preparation of the loan certificate, added KRW 40,000,000 to the Defendant’s liabilities for the remainder of the loan amount of KRW 160,000,000, including the Defendant’s loan amount of KRW 40,000,000, within several days from the date of preparation of the loan certificate, it is reasonable to deem that the Plaintiff and the Defendant agreed on the loan certificate of this case.

On November 27, 2014, the amount of KRW 14,00,000,000 on June 4, 2015, 2015, 60,000,000 on June 4, 2017, 200,000 on June 4, 2017, 200,000 on June 4, 2017, 240,000,000 on June 26, 2017, when the loan certificate of this case was prepared, the Plaintiff claimed that KRW 14,00,000 should be repaid on condition that the Defendant fully repaid the loan amount of KRW 160,00,000 on the loan certificate until August 21, 207, but the Defendant did not claim that the above amount should be paid by the above 160,000,000,000 on condition that the Defendant did not claim the above facts.

Although the Defendant alleged that C was the money borrowed from the Plaintiff on November 27, 2014, the Defendant claimed that C was the money borrowed from the Plaintiff, in light of all the circumstances, including the fact that C transferred the said money to the account in the name of the Defendant; that C paid interest on the said money to the Defendant; that the Defendant again paid the interest to the Plaintiff; and that the Plaintiff could not have urged C to perform his/her obligations, it is reasonable to deem that the said money was leased to the Defendant; that the Plaintiff lent the money to the Defendant; that, written in the evidence No. 1 and the testimony of the witness C is difficult to believe.

Therefore, the Defendant paid 160,000,000 won to the Plaintiff on January 15, 2019 on the loan certificate as 160,000,000.

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