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(영문) 서울북부지방법원 2016.07.12 2015가단130271
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 7.2 million and to the Plaintiff 5% per annum from August 13, 2015 to July 12, 2016, and from the next day.

Reasons

1. The plaintiff's assertion is at least KRW 60,40,000,000 to the defendant for lending at least KRW 130,000 to the defendant, and the plaintiff paid KRW 20,000 on behalf of the defendant for the defendant. The defendant is obligated to pay KRW 80,000,000 and delay damages.

2. Facts of recognition and judgment

A. (1) On March 25, 2011, the Plaintiff transferred KRW 9 million to the Defendant, who is the same kind of friendship.

On August 16, 2011, the Plaintiff transferred KRW 9.4 million to C’s deposit account in a de facto marital relationship with the Defendant, KRW 10 million on February 27, 2012, and KRW 10 million on July 26, 2012, respectively.

On the other hand, C issued to the Plaintiff a certificate of borrowing KRW 40 million on February 24, 2012.

(2) On July 26, 2012, the Plaintiff, in the name of the Plaintiff, set up a collateral security of KRW 100 million with respect to No. 405 of the fourth apartment unit D, Jung-gu, Seoul, and thereafter, the Plaintiff withdrawn KRW 50 million with a cashier’s checks on July 30, 2012 and paid the Defendant.

The defendant used the above KRW 50 million for the repayment of debt to E.

(3) On August 30, 2012, the Plaintiff remitted KRW 18 million to C’s deposit account.

Accordingly, on the same day, the defendant drawn up a loan certificate stating that he borrowed KRW 20 million to the plaintiff.

In addition, on October 16, 2012, the Defendant drafted a certificate of borrowing KRW 20 million to the Plaintiff.

(4) On October 7, 2013, the Plaintiff transferred KRW 6 million to C’s deposit account.

(5) On November 29, 2012, the Plaintiff received KRW 30 million from the Defendant’s side. During the year 2014, the Plaintiff received reimbursement of KRW 40 million, which is the amount of the credit under the loan certificate as set forth in the said paragraph (3), from the Defendant, and issued the Defendant a receipt stating that “one million won is the full amount of the loan and the full amount of the loan” to the Defendant.

(6) On December 18, 2014, the pertinent real estate owned C was sold through a compulsory auction on the said real estate, and the Plaintiff failed to obtain satisfaction of the claim through the proceeds from the sale of the said real estate.

(7) The Defendant is making telephone conversations with the Plaintiff around July 30, 2015.

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