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(영문) 광주지방법원 해남지원 2018.06.19 2017가단732
대여금
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 18, 2017 to June 19, 2018.

Reasons

1. Determination on the loan amounting to KRW 50 million in 2011

A. (1) The Plaintiff’s loan of KRW 26 million to the Defendant on November 18, 201, and KRW 50 million on November 21, 201 does not conflict between the parties. (2) The Plaintiff asserted that the Defendant lent an additional amount of KRW 26 million in addition to the above KRW 50 million to the Defendant, but there is no evidence to acknowledge this.

3) On April 24, 2018, the Defendant made a statement to the effect that the above KRW 50 million was borrowed by CF, not the Defendant, at the date of pleading on April 8, 2018. However, on May 17, 2017, the Defendant submitted a written reply, which included the fact that the Plaintiff borrowed KRW 50 million from the Plaintiff, and made a statement on July 1, 2017. Accordingly, the Defendant concluded a judicial confession as to the fact that the Plaintiff borrowed KRW 50 million to the Defendant. However, there is no evidence to deem that the confession was against the truth and due to mistake. The Defendant’s defense is without merit. The Defendant’s assertion that the above KRW 50 million was paid to the Plaintiff KRW 50,000,000,000, KRW 500,000,000, KRW 205,000,000,000,000,000.

2. Determination on the loan amounting to KRW 113,354,00 in 2013

A. The Plaintiff’s assertion is funds necessary for the Kimchi supply contract that the Defendant actually operates with the Defendant around March 19, 2013 entered into with the limited liability company D.

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