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Reasons
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(영문) 수원지방법원평택지원 2015.07.02 2014가단17812
배당이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2007, the Defendant lent KRW 40,000,000 to the Plaintiff on July 1, 2007 and as 2% per interest month (hereinafter “the first loan”).

(2) In addition, on June 22, 2008, the Defendant lent KRW 50,000,000 to the Plaintiff on June 22, 2008 as the due date of reimbursement of KRW 1.5% per month and interest.

(hereinafter “the second loan”). B.

(1) On April 15, 2009, the Plaintiff agreed to pay the principal of the instant loan amounting to KRW 22,00,000,000, KRW 8,000 on April 30, 2009, KRW 5,000,000 on June 17, 2009, and KRW 22,00,000,000 on November 2, 2009, and agreed to cover the principal of the instant loan. (2) The Plaintiff paid all interest on the instant loan amounts to the instant loans by November 1, 2009.

3. After that, the plaintiff stated that the above part of the defendant amounting to KRW 1,350,000, around January 25, 2010; ② around March 25, 2010; ③ around April 25, 2010; ④ around July 26, 2010; ⑤ around August 25, 2010; and ⑤ the defendant stated that the above part is not memory accurately. However, the plaintiff stated that the above part is not memory accurately.

6.28.28. The same year

8. It is sufficient to recognize the Plaintiff’s assertion that the Plaintiff paid KRW 1,350,000 on August 25, 2010 when comparing and comparing the Plaintiff’s respective interest rates of KRW 680,000 on August 28 and the details of reimbursement claimed by the Plaintiff;

④ It is sufficient to recognize the Plaintiff’s assertion that the Defendant paid KRW 1,350,000,000 on September 30, 2010, and KRW 1,350,000 on or around November 28, 2010, as well as the above part, although it stated that the Defendant is not memory accurately. However, it is sufficient to recognize the Plaintiff’s assertion that the Plaintiff paid KRW 1,350,000 on or around November 28, 2010, when comparing and comparing the details of the reimbursement claimed by the Plaintiff.

(8) and (9) around July 19, 2011, KRW 2,000,000, and KRW 1,000,000 and KRW 2,000,000 on or around July 19, 2011, and (10) around September 27, 2011, around September 27, 2011; and (1) (1) around October 14, 2011, respectively.

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