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(영문) 광주지방법원 2019.05.17 2018나4358
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant borrowed a credit card from the Plaintiff and used it.

There was money transaction between the Plaintiff and the Defendant as follows:

On January 6, 2006, 2008. 8. 10, 2004. 8. 10, 2008. 4. 8. 10, 2006. 5, 2006. 10. 10, 2006. 4. 8. 10, 2006. 4. 8. 10, 2007. 8. 10, 2007. 10, 2007. 5. 10, 2007. 5. 20, 2007. 8. 10, 206. 4. 8. 10, 205

B. On December 20, 2007, the Defendant borrowed KRW 13 million from the Plaintiff to the Plaintiff. On May 30, 2008, the Defendant drafted a loan certificate (hereinafter “the first loan certificate”) that would be repaid until May 30, 2008. C. On June 25, 2009, the Defendant borrowed KRW 7 million from the Plaintiff.

“The second loan certificate” (hereinafter referred to as “the second loan certificate”) was drawn up.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7 (including branch numbers where there are branch numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) On December 20, 2007, the Plaintiff asserted that the Plaintiff loaned KRW 5 million to the Defendant, and the Plaintiff settled the claim between the Defendant and the time around that time and drafted the first loan certificate.

After preparing the first loan certificate, the Plaintiff additionally lent KRW 3 million to the Defendant, and the Defendant paid only KRW 14,841,00 to the Plaintiff, even though he used the Plaintiff’s credit card amounting to KRW 13,41,750 in total.

Therefore, the defendant 14,841,750 won = 13,41,750 won per 3 million won per 13,41,750 won - 14.

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