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(영문) 대전지방법원 2014.11.05 2013나17337
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Defendant C is the motive of the Plaintiff and the Army Academy at Army, and Defendant C is the wife of Defendant C.

D. E is the female of Defendant C, and the Plaintiff was not aware of it.

B. Around January 2004, the Plaintiff delivered KRW 300 million to the Defendants, and the Defendants delivered this money to D.

In addition, on January 2004, the Plaintiff again delivered KRW 100 million to the Defendants, and the Defendants delivered this money to E.

The delivery of the above money to D and E was for real estate investment.

C. After that, the Plaintiff requested the Defendants to return KRW 200 million out of KRW 300 million delivered around January 2004, and around April 2004, Defendant C prepared both F and KRW 100 million and returned the Plaintiff a total of KRW 200 million.

In addition, the Defendants paid the Plaintiff KRW 200 million in total at the Plaintiff’s request on May 2012 and July 201 of the same year.

[Ground of recognition] The facts without dispute, Gap's evidence 1 to 3, Eul's evidence 6-1, Eul's evidence 7-1, the witness F of the first instance court, witness D's testimony and the purport of whole pleadings

2. The plaintiff's ground of claim

A. The Plaintiff asserts that, among KRW 300 million paid on or around January 2004, the remaining KRW 100 million, which was not refunded on or around April 2004, and KRW 200 million, which was paid on or around January 2004, were leased to the Defendants. The legal interest rate of KRW 80 million was KRW 200 million for eight years from April 2004 to April 2012. The Defendants asserted that, if the Defendants paid KRW 100 million on May 2012, the remaining principal would still be KRW 180,000 (=the principal interest rate of KRW 280,000,000 - KRW 100,000) and the remaining principal would still be KRW 850,000,000 (the remaining principal amount would be KRW 150,000,0000) and KRW 2815,50,000,000).

(b) preliminary.

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