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(영문) 창원지방법원 2019.05.10 2018나58308
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) stated that “The Defendant, who is his mother, operates a household manufacturer, and whose operating funds are urgently needed.” The Plaintiff requested the Defendant to lend money to the Defendant. Accordingly, upon D’s request, the Plaintiff set the interest rate of KRW 10 million on September 7, 2017 and KRW 30 million on December 7, 2017; ② the interest rate of KRW 30 million on September 19, 2017 and KRW 10 million on February 7, 2018 and KRW 10,000 on October 20, 2017 and KRW 207,000,000,000,000 paid to the Defendant as the interest rate of KRW 10,000,000,000 on October 20, 2017 and KRW 107,000,000,0000,000 on July 27, 2017.

The defendant only issues a passbook at the request of the son and makes the entry into the passbook to D.

3) According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the fact that money was remitted from the Plaintiff’s account under the Plaintiff’s name to the Defendant’s account, and that money was deposited in the Plaintiff’s account under the Plaintiff’s name “C” or “C” can be acknowledged as indicated below. The amount of money deposited on the date (2017-09-19,700,000 won as recorded in the invoice). Defendant 2017-09-19,70,000 won as recorded in the invoice (2017-10,000 won as recorded in the invoice).

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