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Reasons
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(영문) 인천지방법원부천지원 2015.09.25 2014가합3602
대여금
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1. The Defendant’s KRW 106,562,890 for the Plaintiff and 5% per annum from April 1, 2014 to September 25, 2015.

Reasons

1. The parties' assertion

A. The plaintiff's assertion (1) as shown in the attached Table 1, the plaintiff lent a total of KRW 539,369,520 to the defendant as shown in the attached Table 1, and received KRW 410,806,630 from the defendant among them, and the defendant is obligated to repay the remainder of KRW 128,562,890 (hereinafter "the first loan of this case").

(2) The Plaintiff, as indicated in the attached Table 2, lent KRW 74,532,00,000 to the Defendant, and received KRW 12,230,750 from the Defendant among them, and the Defendant is obligated to repay the remainder of KRW 733,089,250 (hereinafter “the second loan”).

B. The Defendant’s assertion (1) as to the first loan of this case, the sum of KRW 22 million should be excluded from the loan, since the amount of KRW 12-month rent (80,000 x 3-month rent) and KRW 1,056,00,000 x 12-month rent (82 months x 12 months x 26 months), and KRW 880,000,000 x 26 months x 10-month rent (880,000 x 10 months).

(B) The amount of KRW 163,779,520, total of the amounts listed in the table Nos. 17 through 20, 25, is merely deposited by the Plaintiff upon the request of the Defendant to transfer to the customer, and the said amount shall also be excluded from the loan.

(C) Attached Table 1 Nos. 21, 160,000 won, as stated in the table 21, shall be excluded from the loan, since the defendant purchased a substitute for the livelihood at the plaintiff's request and later received the price from the plaintiff.

(D) Ultimately, there is no loan that excludes the Defendant’s repayment amount of KRW 410,806,630, the Defendant’s repayment amount of KRW 410,806,630, the above rent and transactional invoice, and the purchase cost of raw water, and there is no loan that remains. Therefore, there is no obligation to

(2) The Plaintiff’s claim on the second loan of this case is not a loan but a loan, and it is merely an auction-related price, etc.

2. Determination

A. Determination on the claim for the first loan of this case (1)

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