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Reasons
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(영문) 제주지방법원 2019.03.29 2018가단60283
대여금
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1. The Defendant shall pay to the Plaintiff KRW 55,963,703 and the interest rate of KRW 15% per annum from February 1, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant was registered as a business entity of “C” on October 1, 2007, and even if there was a divorce between D and 10 years prior to the divorce, the marriage is virtually maintained.

B. On February 23, 2009, the Plaintiff received a request from D for a loan of funds to be used for the operation funds of C, which the Defendant is a business entity, and on February 23, 2009, received Mappps loan (hereinafter “Mapppps loan”) from E Union up to KRW 50 million, and made it available for the operation funds of C, which is the loan account (hereinafter “F” (Evidence 1), while giving the passbook and having the principal and interest of the loan repaid within the maturity.

C. On February 23, 2009, the transfer of principal from the Plaintiff’s account to the commencement of the transfer of the principal amount of KRW 30 million in the future of the Defendant was completed in the future of the Defendant by June 23, 2009.

In particular, the G Cooperatives G Cooperatives in the name of the Defendant (hereinafter “Defendant Account”) account is only the Defendant’s personal account and did not use D. On March 23, 2009, the Defendant’s account deposited KRW 40 million from the Defendant’s account to the Plaintiff’s account, and was paid the principal of the Masp loan. On April 24, 2009, the Defendant managed the Plaintiff’s account on April 24, 2009, even if the Plaintiff’s account was transferred from the Plaintiff’s account to the Defendant’s account.

On December 9, 2010, the Plaintiff deposited KRW 6 million with the Plaintiff’s account on December 9, 2010, and KRW 1 million due to the extension of marina loan, and the loan limit exceeds KRW 50 million due to interest accrued on March 29, 2015, the Plaintiff deposited KRW 1.5 million with the Plaintiff’s account on May 6, 2015, and deposited KRW 49,963,703 of the loan principal as of June 28, 2015, and terminated the marina loan on February 17, 2016.

[Ground of recognition] A. 1, 2, 6, 8, 9, and 2 (including paper numbers, hereinafter the same shall apply) without any dispute.

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