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(영문) 창원지방법원 2017.12.21 2016가합54452
대여금
Text

1. As to KRW 311,820,00 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff the interest rate of KRW 311,820,000 from October 7, 2016 to the day of full payment.

Reasons

1. Facts of premise;

A. From January 28, 2004 to July 9, 2007, the Plaintiff lent KRW 5,222,00 to the Defendant as indicated in the following table, and received reimbursement of KRW 4,035,00 from the Defendant.

6,00,000 won on February 6, 2004; 7,660,000 won on a temporary loan; 7,60,000 won on a deposit basis; 7,000,00 won on February 12, 2004; 6,000 won on March 5, 2004; 6,00,00 won on a deposit basis; 6,000,000; 7,00,000,000 won on March 6, 2004; 6,000,000; 7. 8,000,00 won on a deposit basis; 7,000,000 won on a deposit basis; 7. 8,00 won on a deposit basis; 7,5,000 won on a deposit basis; 7,000,000 won on a deposit basis;

B. From December 24, 2007 to January 27, 2015, the Plaintiff leased KRW 115 million to the Defendant as indicated in the following table, and received reimbursement from the Defendant in KRW 6755 million.

The amount of temporary loan of 1.2. 80,00,000 won on December 24, 2007; 20,000,00 won on January 7, 2008; 2.2,00,000 won on February 29, 2008; 2.2,000,00 won on March 31, 2008; 1.05,00 won on April 21, 2008; 1.05,00 won on April 20, 200; 1.05,00 won on April 30, 200; 1.05,00 won on April 30, 200, 205; 1.05,00 won on June 23, 200, 2008; 1.6.0,000 won on June 24, 2008;

C. From February 4, 2015 to October 29, 2015, the Plaintiff wired KRW 42 million to C’s account.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that ① from January 28, 2004 to July 9, 2007, the Plaintiff lent KRW 52.22 million to the Defendant, ② from December 24, 2007 to January 27, 2015, KRW 15.5 million, and ③ from February 4, 2015 to October 29, 2015, the Plaintiff lent KRW 42 million in total to C (i.e., lending KRW 5,2220,000 to KRW 42 million). Meanwhile, the Plaintiff lent to the Defendant.

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