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(영문) 의정부지방법원 2015.01.29 2014나9640
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 parties' assertion

A. The Plaintiff asserted that: (a) around August 13, 2010, the Defendant lent KRW 20 million to the Defendant on the ground that there is insufficient balance between the Plaintiff and the Plaintiff.

B. The Defendant’s assertion C borrowed KRW 20 million from the Plaintiff on August 13, 2010 and received the above KRW 20 million from the Plaintiff and delivered it to C, and the Defendant did not borrow the above KRW 20 million from the Plaintiff.

2. In full view of the reasoning of the argument as to the cause of the claim, Gap evidence Nos. 1 and 2, the plaintiff remitted KRW 20,00,00 to the defendant's deposit account on August 13, 2010. The defendant was seeking to take over the plaintiff's rice farm and start business at that time, but the plaintiff stated "the balance of rice farm house" in the plaintiff's deposit account while transferring the above money to the defendant. The plaintiff was friendly with the defendant at the time of transferring the above money to the defendant, and C was not well aware of it. The defendant promised the plaintiff to be responsible for the borrowed money. The defendant sold the apartment house owned by the defendant to the plaintiff on December 9, 2013, and delivered the loan certificate to the plaintiff to the effect that "20,000,000 won will be repaid to the plaintiff," and the above 200,000,000 won shall be paid to the plaintiff by 20,000 won per annum 10,000,00 won per annum.

3. The plaintiff's claim is justified, and the judgment of the court of first instance is consistent with this conclusion.

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