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(영문) 수원지방법원평택지원 2019.01.10 2018가단5831
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 192,096,983 and the interest rate of KRW 15% per annum from November 9, 2018 to the date of full payment.

Reasons

1. Around November 2011, the Defendant indicated that the Plaintiff would pay KRW 90 million in addition to the interest rate of KRW 40 million if he/she extended KRW 50 million to the construction cost, with D located in Pyeongtaek-si C.

However, at the time of fact, it is unclear whether the Defendant could be able to perform the pentry works within the North Korean territory, and the Defendant intended to use the pentry works for personal purposes, such as living expenses, even if he received KRW 50 million from the Plaintiff, and thus, even if he was ordered to do so as promised, he did not have the intent or ability to pay KRW 90 million to the Plaintiff as above.

Ultimately, on November 17, 2011, the Defendant received KRW 50 million from the Plaintiff to the E bank account in the name of the Defendant from the Plaintiff at the multilateral bank located in Pyeongtaek-si. In addition, from around that time to June 2012, the Defendant received KRW 192,096,983 in total on 12 occasions as shown in the attached Table from the Plaintiff to June 201.

Therefore, the plaintiff claims for the payment of 192,096,983 won and damages for delay due to tort against the defendant.

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

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