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(영문) 의정부지방법원 2017.02.10 2016가단11240
대여금
Text

1. Defendant C’s KRW 800,000 and its amount annually from April 20, 2016 to February 10, 2017 to the Plaintiff.

Reasons

1. The parties' arguments

A. The Plaintiff’s assertion 1) The Plaintiff: (a) on June 3, 201, 200,000 won; (b) on June 20, 2011, KRW 30,000,000; and (c) on December 24, 2012, KRW 80,000; and (b) on December 28, 2012, KRW 85,800,000; and (c) on December 28, 201, the Defendants were obligated to pay KRW 80,000,000 to the Plaintiff on September 15, 200, KRW 200,000; (d) on October 21, 201, KRW 00,000; and (e) on October 10, 200, KRW 1005,000,000; and (e) on October 13, 2013; and

B. The Defendants’ assertion 1) Although Defendant B borrowed KRW 50,00,000 from the Plaintiff on June 3, 2011, Defendant C did not borrow the remainder of money. Defendant C borrowed KRW 800,000 from the Plaintiff on December 28, 2012, Defendant C did not borrow the remainder of money.

3 The Defendants are married or not in a partnership relationship.

2. Determination

A. In full view of the part of the claim as to KRW 30,00,000 on June 20, 201 and KRW 5,000,000 on December 24, 2012, the Plaintiff deposited KRW 10,000 in the National Bank Account (E) and the entire purport of the pleadings in this court’s response to the order to submit financial information to the National Bank, and the parties’ personal examination as to Defendant B, the fact that the Plaintiff deposited KRW 30,000,000 from the National Bank Account (D) on June 20, 201, the Plaintiff transferred KRW 5,00,000 to the National Bank Account (E) as to the above check, and the Plaintiff transferred KRW 5,00,000 to the National Bank Account (E) as to the end of Defendant B.

However, according to the above evidence and the purport of the whole argument, there is sufficient room to regard the above KRW 35,00,000 as the money given in relation to the order of construction work, not the loan, in that the plaintiff, the defendant, the defendant, the defendant, or the defendants received money several times in relation to the order of construction work. The above-mentioned facts and the plaintiff are acknowledged as above.

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