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(영문) 인천지방법원 2015.08.13 2014나55574
대여금
Text

1. The plaintiff's claim against the defendant B among the judgment of the court of first instance shall be revoked.

2. Defendant B shall pay to the Plaintiff KRW 94,00,000.

Reasons

1. Basic facts

A. The Plaintiff remitted total of KRW 159,000,000 to Defendant B’s bank account as indicated in the following table, and received KRW 65,000,000 from Defendant B to the Plaintiff’s bank account.

On October 30, 2009, 30, 1000, 200, 200, 2000, 300, 400, 200 on November 2, 2009, 27,000 on November 16, 200, 200, 200 on May 23, 200, 200, 200, 300, 200, 6. 20, 200, 6. 10, 200, 200, 6. 20, 200, 200 on November 24, 200, 200:

B. Defendant B owned 1/2 of the share (hereinafter “instant real estate”) out of G field 3,016 square meters in Pakistan-si: (a) concluded a sales contract with Defendant C, D, E, and F on September 23, 2013 (hereinafter “instant sales contract”); and (b) completed each share transfer registration with Defendant C, D, E, and F on October 30, 2013 with the Goyang-si District Court’s receipt of the Goyang-si Branch Branch Office of 92977.

C. Defendant C, D, and E are co-owners of Defendant B, and Defendant F is the spouse of Defendant B’s private village.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the claim against the defendant B

A. In addition to the above facts of recognition Gap evidence Nos. 5 and 6 (including each number), it is recognized that defendant B borrowed 159,000,000 won in total from the plaintiff during the period from October 30, 2009 to March 29, 2010, and repaid 65,000,000 won among them, the defendant B is obligated to pay the plaintiff damages for delay calculated at the rate of 20% per annum from January 24, 2014 to the day of full payment, which is the day following the delivery date of the complaint of this case.

(b) against this, Defendant B;

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