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(영문) 서울북부지방법원 2017.04.07 2016가단16204

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. From October 24, 2007 to March 16, 2009, the Defendant remitted KRW 64,298,000 to the Plaintiff’s account (hereinafter “previous remittance”).

B. The Plaintiff lent KRW 45,00,000 to the Defendant on May 14, 2009, KRW 20,000,000 on May 26, 2009, and KRW 10,000,000 on August 27, 2009 (hereinafter referred to as “the instant lease, etc.”).

C. From June 24, 2009 to February 28, 2016, the Defendant remitted a total of KRW 45,000,000 to the Plaintiff’s account as indicated in the details of remittance as shown in the attached Form.

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 and 2 evidence (including above number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion asserts that the Plaintiff sought payment of the agreed interest or delay damages at the rate of 27,00,000 won (=45,000,000-18,000,000) and 24% per annum of each of the loans in this case. The Defendant paid the principal in full without the interest agreement, and thus the above loan obligations were all extinguished (the specific assertion is as follows). The Plaintiff’s assertion that the Defendant paid KRW 1-3,5,00,000,000, which is the sum of the previous remittance amount of KRW 64,298,000,000, totaled with the previous loan obligations of KRW 89,00,000.

The previous loans were fully repaid with the amount of KRW 64,298,00,000, and there is no difference between the plaintiff's assertion and the plaintiff's claim.

Therefore, the attached remittance Nos. 1 to 3 are the repayment of each of the loans of this case.

Attached Form

The remittance details Nos. 4, 5, 23, 24 total sum KRW 18,00,000,000 of the loan principal of this case was appropriated for the repayment of each principal of this case, and on the other hand, the amount remitted in 100,000 among the attached remittance details was paid as interest under the interest agreement of 2% per month at the time of each lease.

There is no interest agreement, and the total amount of KRW 45,000,000 is all principal repayment.

B. Whether a separate loan claim is appropriated from attached Form 1 to 3 is the debtor's repayment of a specific debt.