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(영문) 서울서부지방법원 2015.12.10 2015가합2300
대여금
Text

1. The defendant shall pay to the plaintiff KRW 35,00,000 and KRW 20,000 among them, from November 1, 2007, and KRW 15,00,000.

Reasons

1. Basic facts

A. On June 25, 1998, the Defendant drafted and issued to the Plaintiff a certificate of borrowing KRW 5,700,000 with the purport that “the Plaintiff borrowed KRW 5,700,000 from the Plaintiff,” as well as attached Table 1, stating “date of preparation”, “amount of rent”, and “payment period” as indicated in the following: (a) from around that time to April 7, 2010, the Defendant issued a certificate of borrowing KRW 65,70,000, total amount of the borrowed money seven times from that time to around April 7

B. The Plaintiff transferred KRW 126,50,000 to the Defendant on October 23, 2001, including the remittance of KRW 3,000,000,000, to the Defendant, as indicated in the [Attachment 2] List of Transfer Details, and the amount of remittance, i.e., “the date of remittance” and “amount of remittance” as indicated in the [Attachment 2] List of Transfer Details, and 64 times from May 19, 2015.

[Ground of recognition] Facts without dispute, entry in Gap evidence 3 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, it is reasonable to view that the Plaintiff lent KRW 65,70,000,000 to the Defendant, as shown in the attached Table (1) of the loan certificate prepared by the Plaintiff, on seven occasions from June 25, 1998 to April 7, 2010. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay from August 14, 2015, with respect to KRW 65,700,000 from September 2, 2006, and KRW 20,000,000 from November 1, 2007, after the due date for repayment, with respect to KRW 45,70,000 from the remainder of the loan certificate as indicated in the attached Table (1) stating that the Plaintiff requested the return of the above loan certificate to the Defendant, and a copy of the application for the change of the purport and cause of the loan delivered to the Defendant.

B. The plaintiff is the above A.

In addition to the money recognized in paragraph (2), it shall be claimed that the Defendant lent the sum of KRW 126,500,000 to the Defendant, such as the statement in the remittance statement, and that it was returned.

In addition, 126,500, the sum of 201, 2006, around 2009, around 2012, around 2012, and 64 times from around 2013 to 2015, as shown in [Attachment 2] remittance statement to the Defendant.

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