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(영문) 의정부지방법원고양지원 2015.04.29 2014가합3092
대여금
Text

1. The Defendant’s KRW 5,00,000 as well as 5% per annum from May 3, 2014 to April 29, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion that the plaintiff extended a total of KRW 228 million to the defendant six times as follows, and paid KRW 100 million to the defendant on November 15, 2005. Thus, the defendant should pay the remainder of KRW 128 million to the plaintiff.

(1) October 17, 2005. 2) November 3, 2005. 3, 2005. 3 million won on November 9, 2005. 4) November 11, 2005. 15. 20 million won on November 25, 2005. 6) 8 million won on November 2006. 12. 2006

B. The defendant's assertion that he borrowed five million won from the plaintiff on October 17, 2005 is recognized.

However, on November 9, 2005, 30 million won asserted by the Plaintiff did not have been borrowed by the Defendant, and the remaining loans claimed by the Plaintiff were not borrowed by the Defendant, but invested by the Plaintiff in Seoman Construction Co., Ltd. (S., Apr. 23, 2010; hereinafter “Seman Construction”), so there is no obligation of the Defendant to repay this.

2. Determination

A. The fact that the plaintiff lent five million won to the defendant on October 17, 2005 on October 17, 2005 that the plaintiff lent five million won to the defendant on October 17, 2005 is not a dispute between the parties. Thus, the defendant is liable to pay the above five million won to the plaintiff.

B. According to the evidence Nos. 1-1 and 3 of November 9, 2005, the plaintiff may be found to have withdrawn from his account on September 26, 2005 to 30 million won. However, there is no evidence to acknowledge that the above money was lent to the defendant. Thus, this part of the plaintiff's assertion is without merit.

C. The remaining loan - loan - there is no direct evidence to acknowledge that each of the above amounts claimed by the plaintiff to be lent to the defendant was delivered from the plaintiff to the defendant, and the plaintiff voluntarily lent 30 million won to the defendant on Nov. 9, 2005, and 95 million won on Nov. 11, 2005, but received 100 million won from the defendant on Nov. 15, 2005, for which 6 days to 4 days have passed since the lending date.

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