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(영문) 인천지방법원 2017.05.25 2015가단64000
대여금
Text

1. The Defendant’s KRW 18,342,881 for the Plaintiff and 5% per annum from November 18, 2015 to May 25, 2017 for the Plaintiff.

Reasons

1. As to the cause of claim

A. 1) The Plaintiff borrowed KRW 53,574,580 from the Plaintiff, and the Defendant is obligated to pay the said money to the Plaintiff. (2) Although the Defendant borrowed KRW 18,342,881 with the Defendant, the amount exceeding the said money was not borrowed by the Plaintiff, such as deposit with the Defendant’s communal living expenses passbook in the name of the Defendant, deposit with the Defendant, repayment of the money borrowed from the Defendant, or deposit with travel expenses.

B. The Plaintiff transferred KRW 35,442,794 to the Defendant’s bank account from June 25, 2012 to June 19, 2015. The Plaintiff’s husband C transferred KRW 2,808,950 to the Defendant’s bank account from June 10, 2012 to March 18, 2015. On January 201, 2012, the Plaintiff was friendly with the Defendant’s agent, who works as an insurance solicitor, with the Defendant’s agent, and was living together with the Defendant, the Plaintiff’s husband, the Plaintiff’s husband, and the Defendant living (C refers to the Defendant’s wife’s wife’s wife’s wife).

(1) On April 6, 201, an amount of debt 1: (a) borrowed 2,880,00 on April 6, 2013 from October 2, 2013 to October 2, 2013; (b) borrowed 3,013,962 on January 29, 2014; (c) borrowed 461,725 on January 29, 2014; and (d) borrowed 2,461,725 on January 29, 2014; and (d) lent 3,53,91, borrowed 917,794,80 on July 1, 2014 to 3, 205 of the premium paid by the Defendant on January 29, 2014; and (e) on January 29, 2014 to 3, 196:

3) There is no disposition document regarding the Plaintiff’s lending. [No evidence Nos. 1, 2, 3, 4, 6, 9, 10, 19 of the ground for recognition, and No. 5 of the evidence No. 5 of the Plaintiff’s lending, and the purport of the whole pleadings.

C. With respect to money exceeding KRW 18,342,881, which the Defendant acknowledged that the Defendant borrowed, it is insufficient to recognize that the Defendant lent money only to the evidence submitted by the Plaintiff, such as the details of remittance by the Plaintiff or the Plaintiff’s husband, etc., and otherwise recognized evidence.

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