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(영문) 서울서부지방법원 2019.02.01 2018가단218628
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 49,100,000 and the interest rate of KRW 15% per annum from April 26, 2018 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. From February 14, 2011 to August 21, 2012, the Plaintiff loaned KRW 56,170,000 to the Defendant, both as indicated below, over 12 times, between February 14, 201 and August 21, 201.

(5) The loan amount of KRW 56,170,00 appears to be a clerical error in the amount of KRW 52,80,000. The loan amount of KRW 10,00,00 on April 14, 2011 shall be KRW 30,000 on May 25, 2011; KRW 400,400 on April 4, 2011; KRW 10,800,000 on June 25, 201; KRW 10,000 on August 10, 207; KRW 10,000 on June 26, 200, KRW 10,000 on August 26, 201; KRW 10,000 on KRW 10,00 on August 26, 200, KRW 200 on August 26, 201; and KRW 10,000 on August 29, 20010.

B. The loan claimed by the Plaintiff in this case is not a loan to the Defendant, but a loan to the Defendant’s wife C.

C. 1) The Plaintiff is a credit service provider. 2) The Plaintiff deposited 5,1270,000 won in the Defendant’s account over 12 times as follows:

The Plaintiff deposited KRW 4.4 million in total on August 26, 201, KRW 9.8 million on May 17, 201; KRW 3.4 million on May 25, 2011; KRW 4.4 million on June 25, 2011; KRW 6.8 million on July 18, 2011; KRW 7.5 million on August 26, 2011; KRW 8.5 million on August 29, 201; KRW 9.5 million on September 7, 2011; and KRW 1.5 million on September 27, 201, the Plaintiff received KRW 200,000 from the Defendant’s KRW 1.5 million on September 27, 2012, KRW 500,000 on September 20, 201.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including provisional number), the purport of the whole pleadings

D. In light of the facts acknowledged above, it is reasonable to recognize that the money deposited by the Plaintiff to the Defendant is leased to the Defendant.

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