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(영문) 서울남부지방법원 2017.01.13 2016가단14472

대여금

Text

1. The Plaintiff:

A. As from May 12, 2016, Defendant B: (a) KRW 4.4 million and its related thereto:

B. Defendant C is worth KRW 10 million and this.

Reasons

1. Basic facts

A. The plaintiff (former names: D) and the defendant B and the defendant C (former names: E) are South Korea, and F are the mothers of the plaintiff and the defendants.

B. F filed a lawsuit against the Plaintiff seeking payment of KRW 46,032,00,00 for loans with Ansan Branch of Suwon District Court 2013da36262

(B) In the case of Lansan support loan (hereinafter “Nansan support loan”) c from the following day.

The court rendered a judgment on May 27, 2014 that "the defendant (the plaintiff of this case) shall lend the plaintiff KRW 15 million on April 15, 2008, KRW 26,031,507 on January 10, 201, KRW 5 million on July 11, 201, and KRW 46,032,00 on February 26, 201, and the defendant (the plaintiff of this case) shall receive a written confirmation from the plaintiff that the balance of the loan is KRW 46,032,00 and KRW 20% on a yearly basis from September 11, 201 to the plaintiff (F)."

In the case of Ansan-Support Loan, the Plaintiff asserted that F repaid F with the total of KRW 2,954,00,000 on July 23, 2001, and KRW 5,000,000 on April 9, 2002, and remitted the remainder to G, H, and the Defendant’s passbook.

However, the above court rejected the defendant's defense of payment and sentenced the above judgment.

In the appellate trial of the above judgment, conciliation was concluded, and the plaintiff repaid 4,6320,000 won to F on December 15, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 2 to Gap evidence 4, whole purport of oral argument

2. Determination as to the claim against the defendant B

A. (1) The Plaintiff’s assertion (1) lent 20,300,000 won to Defendant B during the period from January 30, 2008 to April 2, 2010, and received a total of 7,90,000 won from June 3, 2008 to January 13, 2011.

Defendant B is obligated to pay to the Plaintiff the remainder of the borrowed money of KRW 12.4 million and damages for delay.

(2) Defendant B’s assertion that the Plaintiff remitted to Defendant B, KRW 5 million on January 30, 2008, and KRW 5 million on September 15, 2009, which was KRW 7 million on September 15, 2009.