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Reasons
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(영문) 의정부지방법원고양지원 2019.09.27 2018가합74542
대여금
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1. Defendant B’s KRW 367,600,000 as well as 5% per annum from April 6, 2018 to November 16, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff paid KRW 679,600,000 as a donation or loan to Defendant B, who is the winner of the Plaintiff, for a total of KRW 679,60,000 from October 2, 2016 to November 16, 2016.

On November 16, 2016, Defendant B drafted a certificate of borrowing money (Evidence A No. 1; hereinafter “the instant certificate of borrowing”) with the purport that “Defendant B would repay to the Plaintiff the full amount of KRW 679,600,000 by December 16, 2016.”

B. Around January 2017, the Plaintiff was unable to receive money from the Defendant B, the Plaintiff filed a complaint with the Defendant B as fraud with the content that “the Plaintiff acquired a total of KRW 679,600,000 from the Plaintiff without any intent or ability to repay the money.” While the investigation is being conducted, the Defendants, while the investigation is being conducted, filed a reimbursement plan with the Plaintiff on January 16, 2017, as follows (the evidence No. 3; hereinafter “instant repayment plan”).

1. Repayment of KRW 50 million by January 19, 2017;

2. Four times from February 2, 2017 to April 30 million won as of the end of each month.

5. We will repay up to 30.

3. It will pay all remainder of its obligations until May 30, 2017.

4. If the reimbursement is not possible, I will be charged with civil or criminal liability.

Non January 16, 2017, Non the Chief of the Western Northern Police Station prepared C, a joint and several surety, a defendant B.

Serial 10,000 won on January 19, 2017: 10,000 won on the date of repayment; 20,000 won on February 10, 2017; 3.10,000,000 won on May 19, 2017; 50,000 won on May 22, 2017; 10,000 won on May 10, 2017; 30,00. 15,000,000 won on May 25, 2017; 10,000, 30,000 won on June 8, 2017; 10, 30. 10,000 won on August 30, 200, 200; 10,000 won on August 17, 200, 2008;

C. Defendant B partially repaid the Plaintiff the following money in accordance with the instant repayment plan.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, Gap's 1 to 4, Eul's 1, and the purport of the whole pleadings

2. Defendant.

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