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(영문) 전주지방법원 2019.08.22 2018나12677

대여금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion ① on November 24, 2014, the Plaintiff lent KRW 10 million to the Defendant.

② As of February 27, 2015, the Defendant paid KRW 10 million to the Plaintiff as of February 27, 2015, and interest KRW 300,000 to the Plaintiff. Meanwhile, the Defendant did not pay KRW 40,199,00 to the Plaintiff’s operating guidance.

Accordingly, around that time, the Plaintiff and the Defendant settled the amount of KRW 14,499,00 (i.e., the above (i) loan amounting to KRW 10,000,000,000,000, and paid KRW 499,000,000,000, out of which the Defendant paid to the Plaintiff, and settled that the remainder of KRW 14,000 remains.

③ On April 2, 2015, the Plaintiff, while additionally lending KRW 6 million to the Defendant, settled a total of KRW 20 million (i.e., the settlement amount of KRW 14 million as stated in the foregoing paragraph (2) plus the total of KRW 6 million as the instant loan for convenience, and determined that the Plaintiff shall be paid in installments each month from April 2016 to 1.2 million.

④ The Plaintiff was merely repaid KRW 1.2 million as principal of the instant loan KRW 20 million from the Defendant, around April 2016, KRW 1.2 million around May 201, KRW 1.2 million around the instant loan, and KRW 3.6 million around June 201 of the instant loan year.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 16.4 million (=20 million - 3.6 million) out of the instant loan 20 million and delay damages.

B. The Plaintiff asserted by the Defendant merely lent the Defendant a total of KRW 16 million on November 24, 2014, and KRW 6 million on April 2, 2015, to the Defendant, and did not lend it in excess of the above amount.

The Defendant, as a member of the fraternity operated by the Plaintiff, did not have any unpaid amount with respect to the credit payment. From November 27, 2014 to June 13, 2016, the Defendant paid the Plaintiff KRW 29,494,00 in total as the principal and interest payment amounting to KRW 16 million, and the Defendant’s loan obligations against the Plaintiff all were extinguished.

2. Determination

A. The defendant.