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(영문) 광주지방법원 2019.07.04 2018가단3071
대여금
Text

1. The Defendant’s KRW 92,023,161 as well as 5% per annum from January 17, 2018 to July 4, 2019 to the Plaintiff.

Reasons

1. Determination as to a loan or a guarantee obligation

A. On January 4, 2017, the daily gold amount of which was deposited in the Defendant’s account, KRW 146 million in total, as follows: (a) the Defendant deposited KRW 62.9 million in the Plaintiff’s account as follows: (b) KRW 8 million on January 5, 2017; (c) KRW 9 million on February 37, 2017; (d) KRW 40 million on March 27, 2017; and (e) KRW 146 million on March 27, 2017; and (e) deposited KRW 16 million in the Defendant’s account.

The defendant, on January 4, 2017, stated the amount of KRW 1 million to KRW 3 million on January 4, 2017, KRW 200,000 on KRW 8 million on February 7, 2017, KRW 300,000 on KRW 5 million on March 20, 2017, KRW 300,000 on April 6, 2017, KRW 1.5 million on April 14, 2017, KRW 30,000 on KRW 1.5 million on April 14, 2017, KRW 1.5 million on May 10, 2017, KRW 1.5 million on May 14, 2017, KRW 1.5 million on April 7, 2017, KRW 300,000 on KRW 1.7 million on June 14, 2017.

B. The plaintiff asserts that the party to a monetary loan contract is the defendant, and the defendant borrowed 146 million won from the plaintiff, and the defendant is C, and the defendant merely received money from the plaintiff and delivered money to C.

In full view of the circumstances such as the Defendant received a loan from the Plaintiff’s own account, and transferred money to the Plaintiff’s account to repay interest or principal from the Plaintiff’s account, and the Defendant asserted that there was an assertion that the Defendant, the principal obligor, had been written by the notarial deed as the obligee, C in the written reply of August 22, 2018, the Plaintiff did not borrow KRW 146 million from the Plaintiff.

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