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(영문) 수원지방법원평택지원 2019.06.05 2018가단7035
대여금반환 및 지연이자
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff, on the grounds delineated below, lent a total of KRW 89.6 million to the Defendant (i.e., KRW 95 million paid to the Defendant - KRW 5.4 million paid to the Defendant). As such, the Defendant is obligated to pay the Plaintiff the above KRW 89.6 million and damages for delay.

1) The details paid to the Defendant on November 21, 2009: (a) payment of the Defendant’s attorney appointment fee of KRW 7 million at the Defendant’s request on November 23, 2009; (b) payment of KRW 30 million to D Chairperson of C Co., Ltd. at the Defendant’s request on November 23, 2009; (c) payment of KRW 1.5 million to E, the Defendant’s seat at the Defendant’s request on July 15, 2010; and (d) payment of KRW 600,000 to F, upon the Defendant’s request on March 15, 201; and (b) payment of KRW 15 million to H, who received the Defendant’s residence of a person whose name is unknown in G in Gyeonggicheon-gun-gun, Gyeonggi-gun at the Defendant’s request on March 15, 2014, KRW 6.4 million paid from time to time to time to the Defendant (hereinafter “instant land”).

) To prevent the auction against the corporation (hereinafter referred to as the “J”).

[1] 10 million won, K Co., Ltd. (hereinafter referred to as “K”)

7) A total of KRW 15 million paid by the Defendant’s subrogation, the Defendant’s attorney’s appointment fee of KRW 13 million: KRW 95 million on April 27, 2012; KRW 100,000 on September 30, 2012; KRW 900,000 on December 9, 2013; KRW 5.4 million on February 28, 2014;

B. Determination 1) First, the Plaintiff alleged that it lent money to the Defendant, as stated in Section 1(a) to the Defendant, either directly or at the Defendant’s request, by means of paying money to a third party. However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it. ① The evidence Nos. 15 (30 million won in the certificate of rent) prepared on November 23, 2009, written on Section 15 (the certificate of rent, written by D as the borrower, E, and F respectively as the guarantor, but the above evidence alone is deemed that the Defendant borrowed money from the Plaintiff.

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