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(영문) 서울동부지방법원 2018.06.27 2017나27053
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion was transferred to the Defendant’s account a total of KRW 3,600,000 ( KRW 3,600,000,000 on February 27, 2012) at the Defendant’s request during the period of ten (10) years from around December 2003 to July 2014, the Plaintiff was obligated to pay the Plaintiff the principal amount of KRW 16,50,000 ( KRW 16,000,000 on March 18, 200, KRW 300,000 on loan, KRW 16,50,000 on loan, KRW 16,00 on loan, KRW 30,00 on loan, KRW 15,00 on loan, KRW 10,00 on loan, KRW 300,00 on loan, KRW 10,000 on 10,00 on loan, KRW 10,104.204

B. The gist of the Defendant’s assertion: (a) the Plaintiff wired money to the Defendant for a ten-year period under the premise of marriage with the Defendant several times under the name of living expenses, where economic circumstances were not good; (b) the Plaintiff wired money to the Defendant on February 20, 2012; and (c) the amount of KRW 3600,000, which was remitted on November 27, 2012, was not only remitted to the Defendant in the name of his living expenses; and (d) the amount of KRW 30,000, which was remitted on November 27, 2012, was to receive interest of KRW 4,00,000 for a one-month period from the Defendant’s introduction to Nonparty C; and (e) the Defendant only delivered the loan in the middle, and there was

Even if the Defendant borrowed the above money from the Plaintiff, in addition to the amount paid by the Plaintiff, KRW 4,350,000 in addition to the amount paid by the Plaintiff ( KRW 450,000 on December 31, 2012, KRW 600,000 on January 25, 2013, KRW 600,000 on February 26, 2013, KRW 600,000 on March 26, 2013, KRW 50,000 on April 26, 2013, KRW 60,000 on May 28, 2013, KRW 50,000 on June 50, 2013, KRW 50,000 on KRW 10,00 on July 500, 2013, the Defendant agreed to repay the principal with the Plaintiff ought to be fully repaid.

2. Determination as to the cause of action

A. We examine the legal nature of KRW 33,600,000, and KRW 30,000,000 to C, the Defendant, who was the Plaintiff, who was under the educational system around November 2012.

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