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(영문) 인천지방법원 2013.11.22 2013가합9037
대여금
Text

1. The Defendant’s KRW 300,000,000 as well as annual 5% from February 16, 2013 to June 25, 2013, and from June 26, 2013 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In light of the Plaintiff’s assertion, the Defendant is obligated to pay to the Plaintiff the borrowed amount of KRW 300,000,000 and delay damages therefor, and the Plaintiff is obligated to pay in preliminary, agreed amount of KRW 300,000,000 and delay damages.

B. 1) According to the reasoning of the lower judgment as to the primary argument, Gap evidence Nos. 2, Eul evidence No. 1, and the witness testimony and the overall purport of the pleadings by Eul, the Plaintiff: (a) around March 30, 201, lent KRW 500,000 to C at an annual interest rate of 20%; and (b) remitted the above KRW 500,000,000 to C’s wife account; and (c) thereafter, C is a entertainment business establishment D (hereinafter “instant entertainment business”).

(2) The plaintiff's primary assertion that the plaintiff lent KRW 500,000 to the defendant, a business president, is without merit. The plaintiff's primary argument that the plaintiff lent KRW 500,000 to the defendant is without merit. 2) According to the purport of the whole statement and pleading as to the conjunctive argument, the defendant made on September 19, 2012 that "B shall pay KRW 300,000,000,000,000 to the plaintiff "B shall pay KRW 100,000,000 to the plaintiff by February 15, 2013 (hereinafter "each of the of the of the of the of the of the of this case"), and the defendant's name is written and delivered to the plaintiff, and the defendant shall pay KRW 300,000,000,000 to the plaintiff with interest of KRW 300,000,000,000 as well as damages for delay as stated in the of this case (hereinafter "each of this case").

2. Judgment on the defendant's assertion

A. On March 30, 201, the Defendant’s assertion 1: (a) leased KRW 500,000,000 upon receiving a request from C to lend investment money to the instant entertainment business establishment, which was an illegal trade establishment; and (b) it is good custom and others.

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