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(영문) 서울남부지방법원 2020.08.20 2019가합100913
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, who became aware of the Defendant who engages in the credit business of the Plaintiff and the Defendant, has transacted money by remitting the total amount of KRW 800 million to the Defendant over several occasions from January 2, 2007 to December 28, 2010, and instead, receiving a total of KRW 600 million from the Defendant from April 23, 2007 to October 2, 2012.

B. After that, the Defendant sent a text message to the Plaintiff around 2014, stating that “The Plaintiff believed to be high, high, and will be able to compensate for the same.” (2) The Plaintiff sent a text message to the Defendant around November 25, 2015, stating that “if it is difficult, even if it is partially remitted, it would be difficult.” From May 11, 2016 to September 29, 2017, it is difficult to look any more at. It is difficult at the request of the Defendant. The deposit should be KRW 2 million. The Plaintiff sent a text message to the Defendant.”

On September 29, 2017, the Defendant remitted KRW 20 million to the Plaintiff.

3 The plaintiff must re-examine the medical treatment from August 10, 2018 to October 8, 2018.

shall request a transfer.

1. Mad Mad Mad.

It is still the confirmation of the head of the Tong.

(d) Telephones;

Transfer proposal has changed.

Deposit also is not easy and easy to make a call.

When a hospital becomes aware of a sudden call, a text message was sent to the hospital that "I am. I am. I am."

On October 11, 2018, the Defendant remitted KRW 5 million to the Plaintiff.

Facts without dispute over the basis of recognition, Gap evidence 1 through 5, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s payment to the Defendant from January 2, 2007 to December 28, 2010 is a loan.

However, from April 23, 2007 to October 11, 2018, the Defendant paid only KRW 635,727,501, which is a part of them, and paid up only the remaining principal and interest 274,532,725 = principal and interest 230,167,252.

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