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(영문) 대구지방법원김천지원 2020.01.08 2019가단32824

대여금

Text

1. The Defendant’s KRW 64,460,00 and the Plaintiff’s annual rate of KRW 5% from September 26, 2019 to January 8, 2020, and the following.

Reasons

1. Basic facts

A. On January 15, 2018, the Plaintiff remitted total of KRW 93,960,000 to the Defendant, including the transfer of KRW 1,880,00 to the Defendant by September 27, 2018 as listed below:

8. Transfer from 0.15 1,80, 20.30 to 0.18.20, 200, 40.30, 208.40, 200 on the 20.18.20, 200, 400 on the 20.18.20, 200, 40 on the 20.18.6, 200, 40 on the 2018.25, 200 on the 2018.4, 200 on the 206.4, 00 on the 208.6.4, 00 on the 2018.4, 200 on the 206.4, 00 on the 5.6.2, 200, 00 on the 5.2, 2008, 200 on the 18.2, 2018

B. The Plaintiff is a person who received reimbursement of KRW 29,500,000, the total sum of KRW 10,000,000 from the Defendant on January 15, 2018, KRW 200,000 on April 15, 2018, KRW 5,000 on April 25, 2018, KRW 200,000 on April 25, 2018, KRW 200,000 on May 10, 2018, and KRW 10,000 on May 31, 2018, and KRW 29,50,000 on November 12, 2018.

[Reasons for Recognition] Gap evidence No. 1 and the purport of the whole argument

2. Determination as to the cause of action

A. In full view of the purport of the entire pleadings, the Plaintiff’s transfer of KRW 93,960,000 to the Defendant prior to the determination of the claim for the lending of the instant remittance amount, and in full view of the purport of the entire pleadings, it can be recognized that the Plaintiff remitted the amount of KRW 93,960,00 to the Defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 64,460,00 (=93,960,000 - 29,500,000) and the delay damages.