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(영문) 인천지방법원 2015.11.13 2015가단26176
대여금등반환
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 42,750,000 and KRW 2,750,000 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 42,750,000 on June 24, 2015.

Reasons

1. Determination on the main claim

A. According to the purport of Gap evidence Nos. 3 and 4 as to the loan claim, the plaintiff loaned KRW 1,00,000 to the defendant on March 11, 2015, ② KRW 300,000 on March 15, 2015, ③ KRW 450,000 on March 24, 2015, and KRW 1,000 on June 23, 2015, respectively. The plaintiff and the defendant agreed to pay KRW 2,750,000 to the defendant on June 23, 2015, which is 200,000 after the last 3 months from the date of the loan, to June 27, 2015. The plaintiff also agreed to pay KRW 40,000,000 to the defendant on April 27, 2015, respectively, for the above 200,000,000 won per annum or 205, respectively, respectively, respectively.

B. The Defendant alleged the cause of the claim 1 as to the claim for credit card use charges, arguing that the Plaintiff would make a payment of the credit card price after using the credit card at the time of temporarily lending the credit card to the Plaintiff. The Defendant, with the Plaintiff’s credit card, lent the credit card to the Defendant. The Defendant settled KRW 1,612,00 in total four times from April 5, 2015 to April 7, 2015 with the Plaintiff’s credit card, and used the said card.

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