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(영문) 춘천지방법원원주지원 2015.01.08 2014가단1064
대여금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had been living together from February 2, 2005 to December 2013, while maintaining a de facto marital relationship.

B. On April 9, 2005, the Defendant prepared and rendered to the Plaintiff a certificate of borrowing KRW 50,000,000 on March 20, 2006 and the monthly interest rate of KRW 300,000 (hereinafter “the instant certificate of borrowing”).

C. From July 31, 2007 to December 11, 2013, the Defendant paid to the Plaintiff a total of KRW 51,700,000 as indicated below [Attachment].

The amount of money paid on July 31, 2007; 300,002; 200,00 on August 1, 2007; 300,000 on April 5, 2009; 50,00 on June 26, 200 on June 209; 1, 50,00 on June 1, 200 on June 1, 200; 1, 50,00 on June 1, 200 on 1, 200; 1,50,000 on 7. 20,00 on 20,00 on 1, 204; 1,000 on 20,00 on March 4, 200; 1, 200 on March 4, 200; 20, 200 on March 60, 2010

2. Determination as to the principal lawsuit

A. 1) The Plaintiff lent KRW 50,000,00 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 50,000,000 and damages for delay from March 21, 2006. 2) The Defendant only prepared the instant loan certificate with the intent of donation under a condition precedent for marriage between the Plaintiff and the Plaintiff, and did not borrow money from the Plaintiff.

Even if the plaintiff lent KRW 50,00,000 to the defendant, the defendant paid a total of KRW 153,326,377 to the plaintiff. Accordingly, the principal and interest on the loan of the plaintiff's assertion was fully repaid, or the above payment amount of the defendant was lent to the plaintiff. The defendant's claim for the principal and interest on the loan of the plaintiff's assertion was made

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