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(영문) 부산지방법원 2017.08.10 2016나9497
대여금
Text

1. Of the judgment of the court of first instance, KRW 20,00,000 against the Plaintiff regarding the Defendant and its related thereto, from May 25, 2016 to August 10, 2017.

Reasons

1. Basic facts

A. On September 3, 2015, the Plaintiff paid the Defendant KRW 60 million in total, including KRW 10 million, around September 3, 2015, KRW 20 million around September 11, 2015, KRW 16,000 around September 16, 2015, KRW 10 million around September 17, 2015, and KRW 10 million around September 17, 2015.

B. The Defendant prepared to the Plaintiff two copies of the loan certificate (No. 1-1 and 3) stating that “I will borrow the loan with a three-month agreement of 10 million won a day,” and thereafter, in relation to the total amount of KRW 20 million in the above loan certificate, I would like to repay the Plaintiff with full payment of KRW 15 million a day on March 16, 2016, and KRW 17,000,000 a day on March 17, 2016. This money was invested with reference to the investment, thereby preparing a loan certificate (No. 1-2) stating that “I will directly pay to the Plaintiff the interest rate of KRW 15% per month (hereinafter omitted).”

(hereinafter referred to as the “each of the instant loans”). C. The foregoing loans are all borrowed.

The plaintiff was returned from the defendant 16 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion 1) The Plaintiff, upon the Defendant’s recommendation from September 3, 2015 to September 17, 2015, lent KRW 60 million to the Defendant for a period of three months, and the Defendant agreed to pay the said money thereafter. As such, the Defendant is obligated to pay the Plaintiff the unpaid payment amount of KRW 4 million and the delay damages therefor. (2) The Defendant purchased the casino site sales right through the Defendant, and made an investment of KRW 60 million to C to pay the interest of KRW 15 million for the principal within three months.

Each of subparagraph 1-1 and subparagraph 3 of Article 1-1 and subparagraph 3 is merely a receipt received from the Plaintiff on September 16, 2015, or September 17, 2015, and it is merely a receipt made by the Plaintiff on September 17, 2015, and thus, it is difficult to respond to the Plaintiff’s claim.

B. The above facts of recognition are examined.

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