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(영문) 부산지방법원 2016.04.21 2015가합44550
대여금
Text

1. Defendant B paid to the Plaintiff KRW 242,343,016 and KRW 205,00,000 among them, from September 21, 2015 to the date of full payment.

Reasons

1. As to the claim against the defendant B

A. From August 20, 2010 to February 4, 2015, the Plaintiff’s judgment on the cause of the claim determined and lent a total of KRW 205,00,000 to Defendant B by 1.5% per month as shown in attached Table 1, on 16 occasions, as shown in attached Table 1, to the above parties, may be recognized by taking into account the following as a whole: there is no dispute between the above parties; or there is no dispute between the said parties; or the purport of the evidence Nos. 4, 6, 7, 9, and 16 (including a branch number where there is a branch number) and some testimony of witness D.

[Defendant B did not borrow KRW 10 million on August 20, 2010 among the details of Attached Table 1 lending, and KRW 20 million on February 4, 2015 is not himself/herself but D and E (hereinafter “D, etc.”).

(1) The Plaintiff asserted that: (a) on August 20, 2010, KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00,000) paid by Defendant B to the Plaintiff’s account under her husband

(2) The Plaintiff asserts that, in addition to the above KRW 10 million, there was only the time limit or part of the time limit for providing loans from Defendant B to Defendant B, and that, as of February 4, 2015, KRW 300,000 (the Plaintiff is the preferred interest, and Defendant B is the cost of preparing a notarial deed as seen earlier.

(2) According to the above evidence, each of the above money was borrowed by Defendant B, according to the fact that KRW 1,970 less than Defendant B was deposited into the deposit account in Defendant B’s name. According to the above facts of recognition, Defendant B, barring any other special circumstance, shall be deemed to have borrowed the money from February 5, 2015, which is the next day of the loan, as requested by the Plaintiff.

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