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(영문) 서울중앙지방법원 2017.10.27 2017가단9631
대여금
Text

1. As to KRW 101,130,00 and KRW 51,130,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 101,130,000 from February 11, 2017 to October 27, 2017.

Reasons

1. The Plaintiff paid the amount as indicated below to the Defendant.

The amount of 5,00,000 won on June 1, 2009 7,000,000 won on October 29 22, 2009 3.47,00,000,000 won on June 22, 2010 42. 5,000,000 won on August 31, 2010 5, 200,000 won on April 20, 2011 6, 10,000 won on April 20, 200, 7,000 won on April 10, 200, 200, 100, 100 won on April 29, 201, 10, 100, 100, 100,000 won on April 30, 200, 209, 1003

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff's assertion 1 is the sum of KRW 120,300,000 and KRW 170,000 paid by the plaintiff to the defendant on August 7, 2012, and KRW 60,50,000 paid on August 19, 2012, and KRW 20,000 paid on August 19, 2012, and the amount of KRW 120,50,000 lent to the defendant. If the plaintiff deducts the money as shown in the table under the defendant's repayment, the defendant is obligated to pay KRW 106,520,00 ( KRW 120,550,00 - KRW 14,030,00,000, KRW 14,000, KRW 400, KRW 401, KRW 5,201, KRW 4005, May 201, 201

B. Whether the loan is a loan, the following circumstances, which can be seen by comprehensively taking into account the respective entries and arguments in Gap evidence 1-1-2, 2, 9, 13, 5, and Gap evidence No. 8, and the purport of the whole pleadings, namely, the defendant prepared and issued the loan certificate as of June 1, 2009, February 17, 201, the defendant specified the repayment period to the plaintiff, and prepared and issued the loan certificate as of April 20, 201, the defendant prepared and issued the loan certificate by specifying the repayment period and interest rate of 18% per annum with respect to the loan amount of KRW 50,00,000 as of April 20, 201, and the defendant "the plaintiff on July 19, 201" to the plaintiff.

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