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(영문) 전주지방법원 2016.11.16 2016가합294
대여금
Text

1. The Defendant’s KRW 300,000,000 and annual interest thereon from September 1, 2014 to May 4, 2016 to the Plaintiff.

Reasons

Basic Facts

A. On June 4, 2014, the Defendant requested that Nonparty C, who was aware of the relationship and money of the parties, as a member of the New Political Democratic Union, enter the local election to be a candidate for D head of a Gun and borrowed the election fund, and requested that the Plaintiff, who was aware of the fact, use the money for C’s election fund.

Accordingly, the plaintiff paid the following money:

B. On April 14, 2014, the Plaintiff issued a cash of KRW 100 million to the Defendant at the F Office located in Jung-Eup Si, Jung-Eup on April 14, 2014.

On the same day, the defendant prepared to the plaintiff a certificate of borrowing that the above KRW 100 million was borrowed without fixing interest until August 31, 2014.

C. On May 23, 2014, the Plaintiff issued KRW 100 million to the Defendant at the above F Office on May 23, 2014.

On the same day, the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 100 million, KRW 100 million received on April 14, 2014, and KRW 200 million, without specifying interest by August 31, 2014.

On May 31, 2014, the Plaintiff delivered KRW 100 million in cash to C’s wife H at the Defendant’s election campaign office located in Jeonbuk-do on May 31, 2014.

On the same day, the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 100 million, KRW 200 million received on April 14, 2014, May 23, 2014, and KRW 300 million, without specifying interest by August 31, 2014.

(hereinafter the above KRW 300 million (hereinafter “the instant money”). C on the same day set up a certificate of borrowing that the above KRW 300 million was borrowed from the Plaintiff without having determined interest by August 31, 2014, and gave it to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and a statement of the purport of the whole pleadings

A. The plaintiff asserts that the defendant is obligated to pay the above amount to the plaintiff, since he lent the money of this case to the defendant.

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