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(영문) 서울중앙지방법원 2018.06.28 2017가단51595
대여금반환청구의 소
Text

1. As to KRW 78,036,30 and KRW 67,000 among them, the Defendant shall pay to the Plaintiff the year from July 4, 2017 to June 28, 2018.

Reasons

1. Basic facts

A. On January 16, 2008, the Defendant borrowed KRW 7,000,00 and promised to pay to the Plaintiff by May 15, 2008, the Defendant: (a) a certificate of loan; (b) a certificate of loan on December 3, 2008, stating that “10,000,000 won shall be borrowed and paid by May 30, 2009; and (c) a certificate of loan stating that “30,000,000 won shall be borrowed by November 9, 2009” until December 9, 2009; and (d) a certificate of loan stating that “20,000,000 won shall be borrowed and paid by May 18, 2010.”

B. As to each of the above loans, the Defendant was sentenced to eight months of imprisonment with prison labor on January 31, 2017 (Fraud) (Seoul Central District Court 2016Da7496), and the above judgment was appealed on May 19, 2017, but the said judgment became final and conclusive around that time.

(Seoul Central District Court 2017No674). On January 13, 2008, the Defendant stated to the Plaintiff, “Around January 13, 2008, the Defendant is urgently required to pay 7 million won to the Plaintiff at the general elementary school alumni meeting, and there is no cash at now since the wife manages the money. Accordingly, if the money is lent, it will be repaid until May 15, 2008.”

However, even if the Defendant borrowed money from the Plaintiff, it was thought that the Defendant would gambling with the money, and there was no intention or ability to pay the borrowed money properly.

Nevertheless, the Defendant, as above, by deceiving the Plaintiff, received KRW 7 million from the Plaintiff as a loan, around January 16, 2008, as well as from that time until August 18, 2009, the Defendant received KRW 67 million in total as the loan amount for four occasions as indicated in the following crime list.

C [Grounds for Recognition] The descriptions of Gap evidence 1 to 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is recognized to have borrowed KRW 67,00,000 from the plaintiff. Thus, the defendant is obligated to pay to the plaintiff the borrowed amount of KRW 67,000,000 and delay damages therefor, barring any special circumstance.

On this issue, the defendant on July 9, 2009.

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