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(영문) 서울서부지방법원 2015.04.17 2014가합5555
대여금
Text

1. The Defendant: (a) KRW 104,911,400 for the Plaintiff and 5% per annum from July 23, 2014 to April 17, 2015.

Reasons

1. Determination of the amount of lease;

A. In full view of the purport of the Plaintiff’s loans (attached Form 1 through 9, 11, 12, 15, and 16) from time to time to time, i.e., lending a total of KRW 58,896,400, 11, 12, 15, and 16 as stated in the No. 1 through 9 to the Defendant, there is no dispute between the parties. 2) The Plaintiff’s lending a total of KRW 13,00,00 as stated in the No. 1 through No. 9, 16, 11, 16, 16, 16, 13,00, 14, 17, and 22) to the Defendant’s account under the name of the Defendant (including the virtual account), the Plaintiff’s payment of premiums to the Defendant, 2-4 to 2-10, 3-11, 2-11, 3-2, 92, and 9, the Plaintiff’s deposit account and 108.

B) As to this, the Defendant asserts that each of the above amounts was paid by the Defendant on behalf of the Plaintiff to the Plaintiff every month, and that the Plaintiff did not lend the amount equivalent to the insurance premium under the above insurance contract to the Defendant. In full view of the respective entries and arguments in the facts acknowledged earlier, the first insurance premium as of August 25, 201 was paid from the Plaintiff’s loan (the first insurance premium as of August 25, 201 was paid from the Defendant’s account to the Defendant’s automatic transfer, and the second insurance premium was paid directly by the Plaintiff from the fourth insurance premium to the virtual account in the name of the Defendant.

In light of these circumstances, if the meaning of the statement in Section B 4 "(2) has been interpreted to 7 times, it will be up to 7 times insurance premium."

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