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(영문) 인천지방법원부천지원 2015.01.29 2012가합5550
대여금 등
Text

1. Defendant B’s KRW 15,564,00 for the Plaintiff and KRW 5% per annum from December 19, 2014 to January 29, 2015.

Reasons

1. Determination as to the claim for loans against Defendant B (hereinafter “Defendant”)

A. The gist of the plaintiff's assertion 1) without due date for payment. ① from June 17, 1995 to June 7, 1998, the plaintiff lent a total of KRW 350 million in cash under the pretext of bill discount (see: A evidence 1 to 7 me and cash custody certificate); ② other than the above, from around 1996 to 2003, 256,745,000 in total through account transfer, to 2.5% interest rate each month; however, the defendant lent the money to the defendant as stated in the "amount to be appropriated for payment of the plaintiff's claim" list 1 to 57,345,000,000 won in total, and the defendant did not have any obligation to pay 90,000 won in sequence 1 to the plaintiff as stated in the above statement of appropriation for payment of interest (as stated in the "amount to be appropriated for payment of interest rate of KRW 67,345,000,000,000,000).

(2) The Plaintiff’s assertion that the Plaintiff’s disposal document (“A evidence 1-7”) was written in the course of settling the balance of the loan at that time, and there was no separate debt between the Plaintiff and the Defendant, and only the loan amount of KRW 352 million in total as above ① from June 7, 1998 to June 7, 1998 remains. (B) The Defendant repaid to the Plaintiff a total of KRW 581,537,000 as indicated in the “total sum of the Defendant’s assertion” in attached Table 3 from around 1995 to 2012.

In addition, the defendant joined the fraternity with the plaintiff as the owner on February 2, 1998.

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