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(영문) 춘천지방법원강릉지원 2015.08.25 2014가합1198
손해배상(기)
Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from October 10, 2014 to August 25, 2015 to the Plaintiff.

Reasons

1. Determination as to loan claims

A. The Plaintiff is obligated to pay to the Defendant the sum of KRW 10 million on July 25, 2012, KRW 10 million on July 26, 2012, KRW 30 million on a loan, KRW 10 million on August 7, 2012, and KRW 42.3 million on a loan other than that, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest or delay damages incurred therefrom, unless there is a dispute between the parties.

B. The defendant's objection to the repayment of the loan of this case was used by C, and it was proved that the loan of this case was fully repaid by depositing money for the repayment of the loan to D through C.

In full view of the overall purport of the statements and arguments by evidence Nos. 1, 1, 6, 7-1, 2, and 9-1, 2, 1, 2, 1, and 2 of the evidence Nos. 6, and 7-1, 9-2, 1, 2, and 3-2, the loan of this case was paid in the name of the plaintiff, not the plaintiff, in the name of the plaintiff, and ② D, against the plaintiff, who was de facto marital relationship with the plaintiff, applied for provisional disposition prohibiting the transfer of possession of the building and the site of the E-store operated by C, and requested delivery of the above building and the site (Scheon District Court Gangnam Branch Branch Branch Branch Branch Office 2014Ga1795) (Scheon Branch Branch Office 2014Ga1795). The written statement submitted by the plaintiff was written in the above case that "The money lent to the defendant was used by the defendant to take over the defendant's debt and directly operate the above store."

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