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(영문) 인천지방법원 2017.12.13 2017가단216980

대여금

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1. The Defendant’s KRW 23,200,000 as well as 5% per annum from May 25, 2017 to December 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff from February 3, 2014 to the Defendant for the same year

4. Until July, 4. A total of KRW 52,90,000 (hereinafter “instant loan”) lent eight times.

B. From February 14, 2014 to the Plaintiff, the Defendant indicated in the separate sheet on the particulars of repayment in the corresponding column of each corresponding column of the attached sheet.

9. up to 20.20. A total of KRW 29.7 million was remitted to the bank account in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. We examine the judgment on the cause of claim, and the fact that the Plaintiff lent the instant loan to the Defendant is recognized as above. Thus, the Defendant is obligated to pay the Plaintiff the remainder of 4,190,000 won (i.e., total amount of loans KRW 5,290 - partial KRW 1,100 out of the repayment amount) and damages for delay, as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant, from February 19, 2014 to the same year.

9. Until September 20, 200, as stated in each corresponding column of “amount claimed by the Defendant” in the separate sheet, the Plaintiff repaid KRW 30,30,000 to the Plaintiff (in calculation, the sum of the amount claimed by the Defendant is KRW 4,48,80,00 in total, or the Defendant calculated as KRW 30,300 in total). As to the remainder of the loans KRW 22,60,000,000,000 to the Defendant around September 2014, if the Plaintiff’s 10,000,000 won in

In doing so, the defendant asserts that all of the debt of this case was extinguished, since the defendant repaid 30 million won as above.

B. First, as to the defendant's defense of partial repayment, the fact that the defendant remitted 29.7 million won to the plaintiff is recognized as above, the loan of this case was extinguished within the above amount.

Furthermore, there is no evidence to acknowledge the Defendant’s repayment defense regarding the above amount exceeding KRW 29.7 million.