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1. As to Defendant B’s KRW 146,50,000 and KRW 138,000 among them, Defendant B shall be KRW 5,500,000 from January 23, 2013 to the Plaintiff.
Reasons
1. In full view of the facts of recognition as Gap evidence Nos. 1 and 3, witness D's testimony, response results and the whole purport of pleadings against the Director of the Nonghyup Bank on June 13, 2014 of this Court regarding an order to submit financial transaction information from January 30, 2009 to March 26, 2013, the plaintiff may recognize the fact that the plaintiff lent the sum of KRW 279,50,000 to defendant B, as shown in the attached Table Nos. 1 and 3, the interest rate of KRW 2%,000, and the maturity period of payment without due date.
2. Claim against the defendant B
A. In addition to the above-mentioned KRW 279,50,000, recognized as mentioned in the above-mentioned 1.1, the Plaintiff’s assertion also lent KRW 200,000,000 to Defendant B on December 16, 2008, and KRW 70,000,000 on December 29, 2009, and KRW 100,000,000 on February 7, 2011.
Therefore, all loans are 479,500,000 won.
Meanwhile, on the other hand, the Plaintiff received KRW 17,000,000 from Defendant B on February 10, 2010, KRW 3,000,000 on February 11, 2010, KRW 15,000 on February 15, 2010, KRW 12,000,000 on July 6, 2010, and KRW 30,000 on August 5, 2010, respectively, and appropriated KRW 132,00,000 on the principal of the loan.
Therefore, Defendant B asserts that Defendant B’s remaining loan amounting to KRW 132,00,000, excluding the total amount of KRW 132,500,000,000 from total loan amounting to KRW 479,50,000, as the “a separate list of loan status” in a preparatory document dated January 20, 2015, Defendant B seeks payment of KRW 346,50,000 out of the above amount in the purport of the claim.
and damages for delay shall be paid.
B. Determination 1) With respect to whether the Plaintiff further lent KRW 200,000,00 to Defendant B in addition to the amount recognized under paragraph 1., it is insufficient to acknowledge the Plaintiff’s response to each order to submit financial transaction information to the Director of the Nonghyup Bank Support Center (No. 19, May 19, 2014, and June 13, 2014) and the Director of the Mobilecheon Branch Office (No. 132,00,000,000 as the Plaintiff received, on the other hand, the Plaintiff’s assertion on this part is without merit, and there is no other evidence to acknowledge it.