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(영문) 광주지방법원 2019.10.25 2018가단478
대여금 및 계금
Text

1. The Defendant (Appointed Party) paid KRW 54,600,000 to the Plaintiff and 5% per annum from November 25, 2017 to October 25, 2019.

Reasons

1. Facts of recognition;

A. On March 25, 201, the Plaintiff leased KRW 20,000,00 to Defendant B, and KRW 10,000,000 to Defendant B on July 25, 201 without setting the respective interest and due date, and received a loan certificate from Defendant B.

B. On or before August 27, 2012, the Plaintiff transferred KRW 4,000,000 to the Defendant C’s account as the deposit amount of the fraternity that was organized by Defendant B and was dispatched.

C. From August 27, 2012 to April 27, 2014, Defendant B organized a total of 20 won per unit (including KRW 0,000,000,000 including interest from the following month after the date of receipt of the fraternity) and KRW 10,00,000 per unit per unit (hereinafter “instant number system”) and the Plaintiff joined the said number system as a member of the fraternity.

From August 27, 2012 to May 22, 2013, the Plaintiff paid KRW 55,000,000 in total, by remitting KRW 54,980,000 to Defendant D’s account from June 27, 2013 to April 29, 2014.

(See the details of the passbook transaction)

E. Defendant C and Defendant D are children of Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8 (including paper numbers), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff additionally lent KRW 10,000,000,000 on March 25, 2011 to Defendant B, as well as KRW 10,000 on July 25, 2011, including KRW 10,000,000 on June 25, 201, and KRW 8,00,000 on May 2013.

B) The Plaintiff subscribed to the number fraternity organized by Defendant B prior to August 27, 2012, and paid the sum of KRW 4,000,000 on August 25, 201, and KRW 4,000,000 on May 24, 2012 as the deposit amount, but as the deposit amount was transferred, the Plaintiff was entitled to return KRW 4,00,000,000 on the deposit amount. (C) Since the deposit amount was transferred, the Plaintiff subscribed to the number fraternity organized by Defendant B, and subscribed to the total amount of KRW 5 (5,9,11,12, and 13) on the instant deposit amount to Defendant B.

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