(영문) 창원지방법원 2015.07.14 2014가단6704

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(영문) 창원지방법원 2015.07.14 2014가단6704

대여금

Text

1. The Defendant’s KRW 28,596,00 for the Plaintiff and 5% per annum from May 2, 2014 to July 14, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, from February 2002, resolved de facto marital relations around September 2003, and continued to maintain a de facto marital relationship and came to take into account around 2008, while maintaining a de facto marital relationship.

B. The Plaintiff lent money to the Defendant by means of remitting money to the account of the Defendant or the persons designated by the Defendant, which is a motor vehicle dealer at a used vehicle sales business establishment, and also received the money in the same manner.

C. On January 2, 2003, the Defendant written a loan certificate stating that “The above amount shall be KRW 30 million per day, and the above amount shall be borrowed periodically until December 31, 2004 (hereinafter “the loan certificate in this case”) on the Plaintiff’s story that the Defendant written and changed the loan certificate with respect to the money borrowed between them.”

After that, the Plaintiff leased KRW 18,216,00 to the Defendant from January 11, 2003 to July 25, 2005 (excluding commission) with the account in the name of the Defendant or C, D, and E, and received reimbursement of KRW 19,620,00 from January 7, 2003 to August 31, 2005.

[Ground for Recognition: Unsatisfy, Gap 1 and 4 (including branch numbers)

hereinafter the same shall apply.

(ii) evidence Nos. 7, 8, and 10 (as a result of recognizing the facts written by the Defendant, it shall be admitted as evidence.

(ii) subparagraphs B through 4, the result of the Defendant’s personal examination, the purport of the entire pleadings;

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff agreed to pay 51,611,800 won or 30 million won from the defendant on January 2, 2003, which was not repaid to the defendant from around 2002 to January 2, 2003, or around January 2, 2003, the plaintiff agreed to pay 51,611,800 won or 30 million won from the defendant as of December 31, 2004. The plaintiff extended 42,405,30 won, but was paid 19,620,00 won from the defendant. Thus, the defendant was obligated to pay the plaintiff a total of 52,785,30 won (30,000,42,400 won - 19,620,000 won - 30 million won, which is part of the plaintiff.

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