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(영문) 수원지방법원 2016.11.08 2015가단45716
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 15, 2015 to November 8, 2016 to the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 20 million to the Defendant around 2012, and the Defendant around November 2012 is livesian history.

The agency's acquisition price of KRW 140 million was leased by means of direct payment to the transferor.

Since the defendant paid only KRW 60 million out of the above loan amount of KRW 160 million, the defendant shall pay the remainder of the loan amount of KRW 100 million and damages for delay.

2. Determination

A. (1) On December 17, 2012, the Plaintiff withdrawn KRW 30 million in cash, KRW 110 million in face value, KRW 10 million in face value, KRW 10 million in face value, and KRW 10 million in face value. The Plaintiff was a final holder of KRW 110 million in face value and KRW 110 million in face value.

(2) On January 10, 2013, KRW 64,066,277 of the Plaintiff’s Bank of Korea deposited KRW 20,066,277 at KRW 1,000 per face value, KRW 10,000 per face value, KRW 4,000 per face value, and KRW 1,000 per face value. Of Chapter 9 of the said Check, KRW 21,00,00 per face value was issued D and KRW 43,06,277 per face value was issued by E.

(3) On November 9, 2012, the Defendant sold the F apartment Nos. 209, 1301 (hereinafter “F apartment”) to E for KRW 217,00,000, and completed the registration of ownership transfer to E on January 10, 2013. On January 5, 2013, E sold the H apartment Nos. 104, 92,00,000,000 to G, Osan-si H apartment, and completed the registration of ownership transfer to G on January 10, 2013.

(4) D issued a number of cashier’s checks equivalent to KRW 49,183,376 at face value to G.

(5) Meanwhile, the Defendant respectively remitted the Plaintiff’s financial account of the Susan branch office in the amount of KRW 10 million on January 11, 2013, and KRW 6 million on January 14, 2013.

The basis for recognition: A2, 3, B1, and 2 (including the number of each number; hereinafter the same shall apply), the inquiry results on D in this Court, the office branch of the Susan Agricultural Bank, the substitute branch of the Suwon Livestock Farming Bank, the Korean Bank, and the Korean National Bank.

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