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(영문) 수원지방법원 안산지원 2021.02.10 2019가단74747
대여금
Text

1. The defendant shall pay to the plaintiff KRW 34,560,389 and KRW 30,000 among them, monthly from April 1, 2019 to the day of full payment.

Reasons

1. The Plaintiff, in fact, lent money to the Defendant several times from March 2014 to February 2017, and made monetary transactions, such as the Defendant’s use of the credit card in the name of the Plaintiff.

On October 10, 2018, the Plaintiff prepared and delivered the following loan certificates (hereinafter “the loan certificates of this case”) from the Defendant in order to arrange monetary transactions with the Defendant.

It is not reasonable that the defendant borrowed the amount above 32,820,000 Won to the plaintiff.

It is confirmed that the total amount of debts of KRW 30,00,000 and the total amount of debts of KRW 2,820,000 for a period of three years plus the amount of KRW 1,00,000 for short-term cash services and KRW 3,20,000 for long-term card loan services with the card in the Plaintiff’s name is not included.

By March 31, 2019, we confirm that the above amount will be repaid and the interest of KRW 30,000,000 shall be claimed monthly at the time when it has exceeded the repayment period.

Loans not included in the instant loan certificate are as follows.

On October 17, 2017, the Plaintiff loaned KRW 3,600,000 to the Defendant (the amount stated as “long-term card loan service” in the instant loan certificate, and the “3,200,000 won” in the said loan certificate appears to be the clerical error of the “3,60,000 won”.

On December 20, 2017, each of the above loans not included in the loan certificate of KRW 1,000,000 (the money stated as the "short-term cash service" in the loan certificate of this case) out of the 2,000,000,000 that the Plaintiff lent to the Defendant on December 20, 2017, was loaned by credit card in the name of the Plaintiff or received cash service, and thus, the Defendant decided to pay the loan interest.

The Defendant’s loans are 656,009 won in long-term card loan services and 17,380 won in short-term cash services.

From October 25, 2018 to August 6, 2019, the Defendant repaid the Plaintiff KRW 3,533,000 in total on seven occasions.

The Plaintiff paid KRW 3,533,00 to the Defendant for the long-term card loan service, interest on short-term cash service, and principal in order.

[Reasons for Recognition] There is no dispute;

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