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(영문) 수원지방법원안산지원 2016.01.15 2014가단31493
대여금 등
Text

1. The Defendant’s KRW 2,286,192 as well as the Plaintiff’s KRW 5% per annum from October 22, 2014 to January 15, 2016.

Reasons

1. The loan claim portion

A. The gist of the Plaintiff’s assertion was from April 10, 2012 to December 30, 2013, the Plaintiff loaned KRW 76,692,680 in total to the Defendant several times. As such, the Defendant is obliged to pay the Plaintiff the above loan amounting to KRW 76,692,680, and delay damages.

B. According to the reasoning of the judgment below, Gap evidence No. 2, the plaintiff's total amount of KRW 667,420 on April 10, 2012, KRW 15,00,000 on May 18, 2012, KRW 327,640 on May 22, 2012, and KRW 5,00,000 on May 31, 2012, KRW 00,000 on KRW 1,50,000 on June 8, 2012, KRW 06.30,000 on June 1, 200, KRW 06, KRW 19,000 on June 30, 201, KRW 146, KRW 620, KRW 620 on July 4, 2012, KRW 8,000 on KRW 8,00 on May 28, 2012;

However, the following circumstances can be acknowledged by the overall purport of statements and arguments in health account, Gap evidence Nos. 8 and Eul evidence No. 1 (including various numbers) with respect to whether the plaintiff paid to the defendant as loans, namely, ① the plaintiff and the defendant maintained a relationship between January 2012 and June 2014 and living together, ② documents proving the fact of loans, etc. have not been completely not been prepared even if the plaintiff paid money to the defendant over several times during a considerable period from April 10, 2012 to December 30, 2013, ③ there is no evidence to prove that the plaintiff demanded the return or repayment of the above money against the defendant before the plaintiff filed the lawsuit in this case, ④ The defendant's account in the name of the defendant, the Agricultural Cooperatives, and the EF account No. 1 to June 2014, and the documents verifying the fact of loans, such as the loan certificate, etc., were presented to the plaintiff and the defendant during the period from April 10, 2012 to December 30, 205.

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