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(영문) 수원지방법원 2019.10.22 2019나59387
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3, taking into account the overall purport of the pleadings:

A. The Plaintiff and the Defendant had a relationship between the year 2013 and the year 2015.

B. On December 29, 2014, the Plaintiff transferred KRW 30 million from the account under the Plaintiff’s name to the account under the Defendant’s name.

C. On December 29, 2014, the Defendant transferred KRW 500,000 from the account under the name of the Defendant to the account under the name of the Plaintiff. The Defendant transferred KRW 500,000 from the account under the name of the Plaintiff to the account under the name of the Plaintiff on February 5, 2015, and KRW 50,000 on March 1, 2015, respectively.

2. The parties' assertion

A. On December 29, 2014, the Plaintiff leased KRW 30 million to the Defendant on or around March 29, 2015, with the agreed interest rate of KRW 500,000 per annum (20% per annum) and the due date of repayment on or around March 29, 2015. The Defendant paid only interest up to the part on February 2015 to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the above loan of KRW 30,000 and delay damages.

B. The Defendant asserts that the Defendant merely donated KRW 30 million to the Defendant, on December 29, 2014, which the Plaintiff used excessive expenses, travel expenses, gift expenses, etc., and that the Defendant did not borrow KRW 30 million from the Plaintiff.

3. Determination

A. In light of the following circumstances acknowledged by comprehensively taking into account the above facts of recognition and the purport of the entire arguments as a whole, the Plaintiff appears to have lent KRW 30 million to the Defendant on December 29, 2014 by setting the period of reimbursement on March 29, 2015, by 500,000 per annum (20% per annum) and around March 29, 2015.

1. As seen earlier, the Plaintiff transferred KRW 30 million to the Defendant on December 29, 2014, and the Defendant transferred KRW 500,000 to the Plaintiff on December 29, 2014, respectively, on February 29, 2015, and March 1, 2015. The Defendant transferred the same amount over three times to the Plaintiff at a similar time. As above, the Defendant transferred the same amount to the Plaintiff at a similar time, and the amount of KRW 500,000,000,000,000,000,000,000,000.

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