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(영문) 대구지방법원경주지원 2017.05.23 2016가단12482
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,790,000 and the interest rate of KRW 15% per annum from July 23, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 4, 2016, the Plaintiff began to come up with the Defendant by entering the Defendant’s house or entering the Defendant’s house with each other, through the Internet reinspection site.

B. On April 19, 2016, the Plaintiff remitted KRW 10 million to the Defendant, and received the aforementioned KRW 5 million from the Defendant on April 21, 2016.

C. The Plaintiff, on May 10, 2016, remitted each of the Defendant, KRW 35 million, and KRW 790,000,00 to June 26, 2016.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. On April 4, 2016, the Plaintiff asserted that: (a) the Plaintiff followed the Defendant’s house and met with each other through the Internet reinspection site; and (b) on April 19, 2016, the Defendant loaned KRW 10 million to the Defendant on the same day; (c) the Defendant was refunded KRW 5 million to the Defendant on the same day; and (d) on May 21, 2016, the Defendant was able to bear the Defendant’s obligation to pay interest exceeding KRW 100,000 per month in the third financial sphere. If the Plaintiff loaned money to the Defendant and repaid the said loan, it is difficult to fully repay only interest collected for a few years; and (d) on April 19, 2016, the collateral security was provided to the Defendant with KRW 10,000 on the same day with KRW 160,500,000,000 to KRW 36,505,000,000.

B. It is true that the defendant alleged that he received a total of KRW 45,799,00 from the plaintiff, and remitted the total of KRW 5,000 to the plaintiff.

① However, the Plaintiff, at the Plaintiff’s home, knew that the economic situation of the Defendant was difficult on April 19, 2016, around one week after living together with the Defendant.

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