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(영문) 의정부지방법원고양지원 2013.12.20 2013가단23306

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 144,150,00 and KRW 50,000 among them, which shall be repaid to the plaintiff from June 1, 2013.

Reasons

1. On May 15, 2013, the lawsuit of this case is brought to the court having jurisdiction over the defendant's domicile or the court having jurisdiction over the address at the time when the plaintiff sent content-certified mail to the defendant. Thus, the lawsuit of this case brought to the court in violation of the territorial jurisdiction is unlawful.

However, as a lawsuit seeking monetary payment, the lawsuit of this case has territorial jurisdiction in the court having jurisdiction over the plaintiff's domicile, which is the place of obligation performance according to the principle of reference obligation.

Therefore, according to Gap evidence No. 3, the plaintiff has his domicile within the territorial jurisdiction of this court. Thus, the plaintiff has territorial jurisdiction in this court.

Therefore, the defendant's main defense of safety is without merit, which is based on different premise.

2. Determination on the Plaintiff’s assertion of the cause of claim

A. Fact 1) Around March 23, 1995, the Plaintiff lent 50,000,000 won to the Defendant. The Defendant lent 50,000,000 won from the Plaintiff on March 23, 1995, interest rate of 2% per month, and as of July 30, 1995 (hereinafter “instant loan certificate”). The Plaintiff borrowed 50,000,000 won from the Plaintiff on July 30, 1995 (hereinafter “instant loan certificate”).

(2) The Defendant prepared and delivered to the Plaintiff a part of the interest on the debt arising from the instant loan certificate, and did not pay the principal. Since June 2003, the Defendant’s payment to the Plaintiff was as follows. The sum of the amount paid to the Plaintiff is KRW 25,150,000, and the sum of the amount paid after 2004 is KRW 18,850,000. The sum of the amount paid after 2003: the amount paid on June 20, 2003: 2,000,000,000,000,000.

7. 28. Gold 1,000,000 won, and the same year;

8. 29. Gold 150,000 won, and the same year;

9. Amount of KRW 1,00,000 for gold year 29. 28. 10,000 for gold year, KRW 1,000,000 for gold year, and KRW 1,000 for gold year 28,11.28,000 for the same year, and KRW 6,300,000 for gold year 150,000 for December 29, 200 for gold year, or KRW 150,00 for 204: Amount paid: January 15, 2004; and amount of KRW 150,000 for the same year;

2. 13. Gold 100,000 won, and the same year.

3. 29. Gold 150,000 won, and the same year.

4. 29. Gold 200,000 won.