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(영문) 대전지방법원 2015.04.29 2014나103723
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, on August 30, 2004, remitted each of the KRW 20,000,000 to the Defendant’s name account, and KRW 3,000,000 on October 25, 204, respectively.

(hereinafter “instant loan”). (b)

The defendant remitted 3,00,000 won on March 7, 2006, and 3,000,000 won on March 8, 2006 to the account in the name of the plaintiff, respectively.

C. On June 4, 2012, the Plaintiff drafted a notarial deed of a monetary loan agreement with the Defendant’s husband, stating that “C shall pay 45,000,000 won from the Plaintiff on June 4, 2012, the maturity date of payment shall be October 31, 2012, and the interest rate for delay shall be 12% per annum.”

[Ground of recognition] without any dispute, entry of Gap Nos. 1, 2, and 4, and the result of this court's order to submit financial transaction information to Nonghyup Bank Co., Ltd., the whole purport of the pleading, as a whole.

2. Judgment as to the plaintiff's primary claim

A. The Plaintiff concluded a loan agreement with the Defendant for consumption on August 30, 2004, and lent KRW 23,000,000 in total to the Defendant on October 25, 2004, and KRW 23,000,000,000 for each of the loan 23,000,000 for each of the loan 23,000,000, without specifying the period of repayment and interest. Thus, the Defendant is liable to pay the Plaintiff the remainder of KRW 17,00,000, after deducting the Defendant’s repayment from the loan 23,000,000 for the loan 23,00,000.

The facts are as follows: ① the Plaintiff remitted the total amount of KRW 23,00,000 on August 30, 2004 to the Defendant’s name account; ② the Plaintiff remitted the total amount of KRW 23,000,000 on October 25, 2004 to the Defendant’s name; the Defendant transferred the total amount of KRW 3,000,000 on March 7, 2006 to the Defendant’s name; and the amount of KRW 6,00,000 on March 8, 2006 to another account under the Defendant’s name; and according to the Defendant’s response to the order to submit financial transaction information to the Nong Bank Co., Ltd., Ltd., the Plaintiff transferred the amount of KRW 20,000 on August 30, 2004 to the Defendant’s name, KRW 300,000 on the date of transfer from the Defendant’s name to the Defendant’s name; and KRW 3013630,40,20400.7.

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