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(영문) 전주지방법원남원지원 2015.06.10 2014가단1684

대여금

Text

1. The defendant shall pay 64,00,000 won to the plaintiff and 20% per annum from July 22, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) On November 4, 2007, the Defendant drafted and delivered to the Plaintiff a letter of the following contents. The Defendant paid to C in 14,00,000 won on February 1, 200 (including interest) for debt settlement (including KRW 5,00,000). 2) On May 30, 2008, the Defendant drafted and issued to C in 14,000,000 won.

I wish to borrow 50,00,000 won regularly and promise to repay until July 31, 2008, and will be subject to any punishment.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 64,000,000 ( KRW 14,000,000) and damages for delay, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The defendant alleged that he paid KRW 20,000,000 out of the above money around 2005, but there is insufficient evidence to acknowledge this. However, even according to the assertion itself, it cannot be set up against the claim of this case based on each letter or loan certificate since he paid the above amount prior to the preparation of the above letter or loan certificate.

Therefore, the defendant's above assertion cannot be accepted.

B. The Defendant asserted that, while purchasing a house under title trust in the Plaintiff’s future, the Plaintiff paid KRW 30,000,000 to the Plaintiff, and thereafter, the Plaintiff was arranged to have the said house deducted and the said KRW 30,000,000 was repaid to the Plaintiff.

According to the evidence evidence No. 7, the plaintiff is acknowledged to have completed the registration of ownership transfer on May 30, 2006 with respect to the building No. 3101, Seongdong-gu, Seoul Special Metropolitan City on June 7, 2006. The evidence submitted by the defendant alone is insufficient to recognize that the defendant paid KRW 30,000,00 to the plaintiff and that the defendant paid KRW 30,000 to the plaintiff, and there is no other evidence to support this.