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(영문) 전주지방법원 2015.01.14 2014가단15684
대여금
Text

1. The Defendant’s KRW 17,030,00 and the Plaintiff’s annual rate of KRW 5% from May 22, 2014 to January 14, 2015, and the following.

Reasons

1. Determination as to the claim

A. The fact that the Plaintiff loaned KRW 10 million to the Defendant on January 28, 201, to the Defendant on April 30, 201, the due date of repayment of KRW 30% per annum, and ② around June 201, KRW 10 million to the Defendant on June 30, 2012, KRW 30% per annum, and ③ December 30, 2012, KRW 10 million due date of repayment of KRW 30% per annum, and ③ December 30, 2012 to the Defendant on December 30, 2012, no dispute exists between the parties.

(2) The Plaintiff’s each of the above loans against the Defendant (hereinafter “instant loans”). According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the loan obligation amounting to KRW 30 million and delay damages.

B. The Defendant alleged that the Defendant paid KRW 42,470,00 from November 8, 201 to June 15, 2013 to the Plaintiff. As to this, the Plaintiff merely received 38,020,000 won from the Defendant from November 8, 201 to June 14, 2013, and the said money was paid to the Plaintiff as a fraternity after the Defendant joined the number of shares organized by the Defendant, and thus, the Defendant did not have any dispute over whether the said money was paid to the Plaintiff on November 8, 201, and KRW 360,000,000 from November 8, 201 to June 15, 2013, KRW 360,000,000 among the parties to the instant loan, and KRW 3636,50,000,000,000 for each of the parties to the loan.

① According to the Plaintiff’s assertion, the Plaintiff subscribed to three shares in the name of C in the number fraternity organized by the Defendant around February 30, 201, and agreed to receive the said three shares in May, 2013, May, June, and July.

If so, KRW 6 million paid by the Defendant on November 8, 201, KRW 5080,000 paid by the Defendant on November 8, 201, and KRW 1890,00 paid on December 6, 2011, the Plaintiff may receive the said number fraternity.

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