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Reasons
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(영문) 대전지방법원 2018.05.16 2016가합107893
대여금
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1. As to KRW 212,63,816 and KRW 39,200,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 212,63,816 from November 5, 2016 to May 16, 2018.

Reasons

The following facts are acknowledged according to the facts that there is no dispute over the determination of the cause of the claim, and according to the whole purport of Gap evidence Nos. 1 through 6, and evidence Nos. 8 through 12 (including each number; hereinafter the same shall apply) and all pleadings.

On April 11, 2014, the Plaintiff lent KRW 12,000,00 to the Defendant on April 25, 2014.

(2) The Plaintiff borrowed KRW 13,00,000 to the Defendant, but by mistake, stated it in the loan certificate as KRW 12,00,000. However, according to the evidence No. 1-1 of the Plaintiff’s account on April 11, 2014, each of the amount of KRW 6,000,000 from the Plaintiff’s account was paid in KRW 6,000,000, KRW 1,000,000 from the Defendant’s account, but it is insufficient to recognize that only this was delivered to the Defendant and lent to the Defendant, and there is no other evidence to prove otherwise, and the Plaintiff’s above assertion is not accepted). The Defendant agreed to borrow money from the Plaintiff by the Defendant and to pay the Defendant in lieu of the Plaintiff, and borrowed from the Plaintiff as follows.

On July 6, 2011, the Plaintiff paid KRW 9,180,000 to the Defendant. In this regard, around July 5, 2011, the Defendant agreed to pay KRW 22,000,000 to the Plaintiff on December 30, 2013.

(hereinafter “Secondary Loan”). The Plaintiff paid KRW 5,050,000 to the Defendant on July 14, 201, and KRW 4,850,000 on July 17, 201, respectively, and the Defendant agreed to pay the Plaintiff KRW 20,000,000 on July 23, 201.

(hereinafter “third loan”). The Plaintiff paid KRW 20,000,000 to the Defendant on September 10, 201, and KRW 2,000,000 on September 14, 2011, and KRW 3,000,00 on October 21, 2011, respectively, and the Defendant agreed to pay KRW 20,00,000 to the Plaintiff on October 23, 201.

(hereinafter “No. 4”). The Plaintiff, May 28, 2014, on the part of the Defendant. 6, 000.

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