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(영문) 서울북부지방법원 2017.03.17 2016나347
대여금
Text

1. The judgment of the first instance court, including the plaintiff's claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. From around 2009, the Defendant joined the sequences organized by the Plaintiff, and paid the fraternity to the Plaintiff every month, and received the fraternity by the sequences.

On February 26, 2011, the Plaintiff organized the accounts of KRW 5,600,000 (hereinafter referred to as “one account”). The Defendant subscribed to two accounts (No. 1, and No. 10 in the name of the Defendant’s father C and D).

The Plaintiff received KRW 10,00,000 on March 26, 2012.

On December 30, 2014, I will complete payment.

B. On March 24, 2012, the Plaintiff lent KRW 2,000,00 to the Defendant.

The Defendant prepared and delivered a loan certificate with the following contents to the Plaintiff:

C. On May 25, 2012, the Plaintiff organized the limit of KRW 5,200,000 (hereinafter referred to as “second limit”) and the Defendant joined two units (one number in the name of the Defendant and six number in the name of the Defendant’s father C).

On July 27, 2013, the Plaintiff is referred to as "three times" in the limit of KRW 6,000,000.

A) The Defendant organized one unit (1, 9) and joined one unit (1, 19). [In the absence of dispute over the grounds for recognition, each entry in Gap evidence, 1, 5, 6, 17, and 19, and the purport of the whole pleadings.]

2. The parties' assertion

A. Plaintiff 1) around September 201, the Plaintiff loaned KRW 8,000,000 in total to the Defendant on two occasions. Around March 24, 2012, the Plaintiff loaned KRW 10,000 in total by lending KRW 2,000,000 to the Defendant. On March 24, 2012, the Plaintiff agreed to receive KRW 2% interest on KRW 10,000,000 for the said loan upon receipt of a loan certificate from the Defendant. (2) On September 4, 2012, the Plaintiff agreed to pay KRW 3,980,000 to the Defendant at 2% interest rate.

3) Although the Defendant received KRW 6,00,000 from the limit amount of 3rd books on July 27, 2013, the Defendant did not pay KRW 600,000,000 for the deposit amount of 3rd books, and KRW 2,100,00 for the deposit amount of 5,9,000 for October 2014, and paid by the Plaintiff on behalf of the Plaintiff. 4) The Plaintiff paid KRW 16,80,000 for the total deposit amount of 16,80,000 paid to the Defendant in lieu of the above loan and the interest or delay damages thereon.

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