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(영문) 수원지방법원평택지원 2015.09.16 2014가단16437
대여금
Text

1. The defendant shall pay to the plaintiff KRW 65 million and the amount of KRW 50 million from March 1, 2009 to the date of full payment.

Reasons

1. The defendant, on February 28, 2009, agreed to pay 24% interest per annum to the plaintiff on September 30, 2009 (hereinafter "the agreement in this case"), although there is no dispute between the basic facts, or considering the overall purport of arguments in Gap evidence Nos. 1 (hereinafter "the loan certificate in this case") and evidence Nos. 3, the defendant paid 100 million won to the plaintiff on September 28, 2009, and the above 100 million won was agreed to pay the plaintiff interest at 24% interest per annum. The defendant, upon receiving a loan from the plaintiff in the plaintiff's name, promised to purchase the vehicle and directly pay the principal and interest of the vehicle. Accordingly, around January 25, 2008, the plaintiff delivered the vehicle purchased from Hyundai Capital Co., Ltd. with the loan principal of KRW 70 million (hereinafter "the loan in this case"), the plaintiff did not pay the above principal and interest of the loan in this case, and it is recognized that the plaintiff paid part of the loan in this case to the defendant.

2. Determination as to both parties’ assertion

A. The plaintiff's assertion 1) The defendant alleged on February 28, 2009, which was the date of the drawing up of the loan certificate of this case, borrowed under the name of the plaintiff on or around April 13, 2006 and borrowed on or around July 2007, 30 million won as vehicle delivery fee, 10 million won borrowed on or around February 2008, under the name of vehicle repair expense, and 10 million won borrowed on or around April 2008, 30 million won, 10 million won borrowed on or around April 2008, 30 million won, 50 million won, and 100 million won, ddd. on or around November 17, 2008, with respect to vehicle repair expense of the plaintiff's real estate owned by the plaintiff (hereinafter collectively referred to as "existing debt of this case").

B. The Plaintiff and the Defendant entered into the instant agreement with the Defendant that the Defendant would have borrowed KRW 100 million from the Plaintiff.

In addition, after the agreement of this case, the plaintiff on behalf of the defendant 1,515,00 out of the loans of this case.

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