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1. The Defendant’s KRW 41,600,000 as well as 5% per annum from June 3, 2016 to November 22, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, from October 30, 201 to March 15, 201, transferred to the Defendant a total of KRW 30.5 million, KRW 2 million on May 18, 2011, and KRW 2 million on June 29, 201, respectively.
A. 1-2
B. The Defendant borrowed respectively from the Plaintiff KRW 2.6 million around June 29, 201, and KRW 7.5 million around December 5, 2014.
The defendant is the defendant.
C. The Plaintiff received reimbursement of KRW 3 million from the Defendant around April 2016.
The plaintiff is the person who is the plaintiff.
2. Determination
A. According to the above facts of recognition, the Plaintiff lent a total of KRW 4.6 million to the Defendant, and received reimbursement of KRW 3 million among them.
As such, the defendant is obligated to pay to the plaintiff 41.6 million won and 1.6 million won with 5% interest per annum under the Civil Act and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 3, 2016 to November 22, 2016, which is the date of the judgment of this case where it is deemed reasonable for the defendant to dispute over the existence of the obligation or the scope of the obligation.
On July 7, 2012, the Plaintiff lent KRW 4 million to the Defendant in cash, and the Plaintiff did not include a total of KRW 46 million in the loan amounting to KRW 2.6 million around June 29, 201, which the Plaintiff borrowed from the Defendant.
However, there is no evidence to prove that the Plaintiff lent KRW 4 million to the Defendant around July 7, 2012, and the Plaintiff’s above assertion is without merit.
B. The Defendant’s assertion on repayment did not include the Plaintiff’s total amount of KRW 41.6 million on October 30, 201 and KRW 2 million on January 1, 201, which the Plaintiff remitted to the Plaintiff.
1,70,000 won out of the borrowed amounts.
Comprehensively taking account of the whole purport of the arguments in the statement No. 1-3 and No. 4, the Defendant started to work together with a person who was disadvantageous to C and a full-time principal in around 2012, and the Plaintiff from June 2012 to June 2012.