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(영문) 의정부지방법원 2015.05.08 2014가단3757

대여금

Text

1. The Defendant’s KRW 19,700,000 for the Plaintiff and 5% per annum from February 15, 2014 to May 8, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant: (a) provided the teaching system from March 2013 to September 2013, 2013.

B. On July 15, 2013, the Plaintiff remitted and lent to the Defendant KRW 10 million, and KRW 9.7 million on August 17, 2013, respectively.

C. Meanwhile, the Plaintiff and the Defendant used the Plaintiff’s credit card together with the Plaintiff’s credit card.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 14, Gap evidence 15 (including part number), and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) According to the above facts of recognition, the defendant is obligated to pay the plaintiff 19.7 million won and damages for delay.

(2) The Plaintiff asserted that the Plaintiff’s credit card payment of KRW 3,095,015 used by the Defendant was also lent to the Defendant. However, the Plaintiff’s written evidence Nos. 6 and 13 (including partial numbers) is insufficient to recognize that the Plaintiff lent the amount equivalent to the above credit card use payment to the Defendant. The Plaintiff’s claim for this portion is without merit, since there is no other evidence to acknowledge it.

B. As to the Defendant’s argument, the Defendant used the Plaintiff’s credit card while teaching with the Plaintiff, and transferred the Plaintiff the sum of KRW 26,459,530 to the Plaintiff. Of these, 17,496,061, which remains after deducting the Defendant’s total amount of KRW 6,581,50, and KRW 1/2,381,969 from the credit card price used solely by the Plaintiff and the credit card price used jointly with the Plaintiff, and KRW 17,496,061, which is the remainder after deducting KRW 8,963,469,061 from the credit card price used by the Plaintiff, shall be repaid later if the Plaintiff borrowed the credit card price. Therefore, the above loans of KRW 17,496,061, which are alleged to be offset against the Plaintiff’s credit card price on an equal amount with the Plaintiff’s credit card claim, are insufficient to acknowledge that the Defendant lent the Plaintiff with the above KRW 17,496,061.