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(영문) 부산지방법원 2020.01.07 2019가단303717
대여금
Text

1. The Defendant’s KRW 163,220,00 per annum for the Plaintiff and KRW 5% per annum from February 21, 2019 to January 7, 2020.

Reasons

1. The Plaintiff was aware of the Defendant around August 2017, and was living together with the Defendant at the Plaintiff’s home from October 2017 to June 2018. The Plaintiff is limited to the amount of money transaction objective data as indicated below or there is no dispute as to whether to receive money from the parties.

In the case of any amount asserted by the parties other than this, the following shall be determined separately:

(4) On December 20, 2017, the Plaintiff-Defendant Non-Defendant Non-Defendant Non-Defendant 1 (Plaintiff/Defendant 1) - From October 2017, 2017: (a) KRW 50,000,000 (loan/Loan) around December 20, 2017; (b) KRW 94,000,000 (Loan/Loan) around February 20, 2018; (c) KRW 62,150,150 (Loan to Loan/C) from October 2017 to July 2018; (d) Defendant Non-Defendant 1: (e) Defendant Non-Defendant 1; (e) Defendant 10,000,000; (e) Defendant 50,000,000,000,000 or 301,00,01,000 or 61,06,01,06,00 of the illegal consideration.

2. The parties' assertion

A. While the Plaintiff’s assertion was living together with the Defendant, the Plaintiff lent a total of KRW 174,00,000 as indicated in the Nos. 2, 3, and 5 of the Defendant’s request.

B. (i) The Defendant’s assertion: (a) KRW 50,00,000, as indicated in paragraph (2) No. 2 of the Plaintiff’s assertion on the occurrence, etc. of a loan claim against the Defendant; and (b) KRW 50,000,000, in total, including KRW 10,000,000, and KRW 40,000,000, at the time of the commencement of living with the Plaintiff, around the time when the Defendant was living together with the Plaintiff; and (c) the Defendant was repaid and was not borrowed from the Plaintiff.

The Defendant did not borrow 94,00,000 won as the money borrowed by Nonparty C from the Plaintiff.

Table 5 No. 30,000 as indicated in paragraph 5.

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