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1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from July 17, 2019 to June 3, 2020 to the Plaintiff.
Reasons
1. Determination on the claim for return of loan
A. 1) The plaintiff's assertion 1) The plaintiff's argument asked the plaintiff to use the passbook that can be loaned in the last time. On July 16, 2004, the plaintiff issued the plaintiff's marina passbook to the defendant. The defendant used the plaintiff's marina passbook until May 14, 2013, and used the plaintiff's marina passbook with money of at least KRW 40 million. Therefore, the defendant is obligated to refund the plaintiff's 40 million borrowed by using the plaintiff's marina passbook and its delay damages to the plaintiff. 2) The defendant's argument does not use the plaintiff's marina passbook.
Even if it is recognized that the Defendant borrowed money from the Plaintiff using the Plaintiff’s Mysbook, the Defendant deposited money in the Plaintiff’s Mysbook and repaid all of the borrowed money.
B. Determination 1) In full view of the following facts and circumstances acknowledged by adding the whole purport of the pleadings to each of the statements in Gap evidence Nos. 1, 7, 8, 10 through 14, the Plaintiff’s deposits for self-reliance (Account C; hereinafter “the head of the instant head office”) in the Plaintiff’s name that the Plaintiff may loan up to KRW 40 million to the Defendant on July 16, 2004.
(1) The Defendant, upon permitting the use of the instant marina passbook, has issued the instant marina passbook by no later than May 14, 2013; and the Defendant has used the instant marina passbook by withdrawing and using money exceeding KRW 40 million; and the Defendant may acknowledge that the Plaintiff agreed to pay KRW 40 million consumed by the Defendant by July 16, 2019. Accordingly, it is reasonable to deem that the Defendant borrowed KRW 40 million from the Plaintiff on November 2018.) Accordingly, the Plaintiff filed a complaint against the Defendant as a crime of fraud, etc. regarding the use of the instant marina passbook.
However, the defendant is guilty at the investigative agency.