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(영문) 의정부지방법원 2018.07.04 2017가합1582
대여금
Text

1. The Defendant’s KRW 299,696,130 among the Plaintiff and KRW 297,204,109 among the Plaintiff, shall be from December 2, 2016 to June 27, 2018.

Reasons

1. There is no dispute between the parties to the judgment on the cause of the claim, or the following facts are acknowledged in full view of the purport of Gap evidence Nos. 1 through 3 (including paper numbers) and No. 11-1, and the whole purport of each statement and argument No. 11-1. According to such acknowledged facts, the defendant agreed to arrange the money borrowed from the plaintiff from July 31, 2016 to August 31, 2016 and pay KRW 300,000,000 to the plaintiff until August 31, 2016, barring any special circumstance, the defendant is obligated to pay the plaintiff KRW 300,000,000 and delay damages.

From July 4, 2005 to December 26, 2016, the Plaintiff remitted KRW 292,719,180 in total from the Plaintiff’s account to the Defendant’s account; from July 28, 2009 to October 13, 201, the Plaintiff wired KRW 429,473,050 in total from the Defendant’s mother’s account to C’s account; from September 5, 2005 to December 1, 2016, the Defendant remitted KRW 10,060,306 in total from the Defendant’s account to the Plaintiff’s account; from October 18, 2010 to October 24, 2011 to the Plaintiff’s total amount of KRW 36,753,870 in total; and

The Defendant did not dispute the facts that the details of monetary transactions between the Plaintiff and the Defendant were either borrowed money or repaid money.

B. The Defendant’s foregoing July 31, 2016 A.

The Plaintiff’s letter, as stated in the foregoing, stipulated that the Plaintiff’s obligation should be adjusted to KRW 300,000,000,000 by providing that “ By August 31, 200, including interest, shall be reimbursed for KRW 300,000” (hereinafter “the instant message”).

C. On August 12, 2017, the Plaintiff’s statement that “I” in the currency with the Defendant is defective that I would like to demand the repayment of the obligation that “I would like to have 300,000,000,000,000, and that I would like to have been paid. I would like to say I would like to do not have to do so, or that I would like to have to do so.”

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