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(영문) 춘천지방법원강릉지원 2019.04.03 2018가단35734

대여금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 33,00,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. On January 31, 2005, the Plaintiff loaned KRW 210,000,000 to the Defendant on April 30, 2005 with interest KRW 100,000.

On June 21, 2006, the Plaintiff again agreed with the Defendant to pay interest of KRW 50,000,000 until the end of February 2007, KRW 160,000,000 until the end of June 2007, and KRW 100,000 until the end of December 2007.

B. The Defendant repaid to the Plaintiff KRW 50,000,000,000, from June 201 to March 20, 2016, out of the above borrowed amount, to the end of February 2007, and KRW 130,00,000,00.

C. The Defendant, on November 7, 2016, remitted to the Plaintiff KRW 30,00,000,000, and KRW 2,000,000 on November 6, 2017 (i.e., repayment of KRW 1,00,000 on November 14, 2017), and KRW 2,00,00,00 on May 29, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 3 (including paper numbers), Eul 8, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Plaintiff’s assertion (i) The Plaintiff shall appropriate KRW 50,000,000,000 received until July 8, 2007, out of the total amount of KRW 240,000,000, which was paid by the Defendant, to the principal. Of KRW 190,000,000, which was paid from June 6, 2015 to November 201, 2016, KRW 100,000,000, which was paid from the Defendant, to the interest, and the amount of KRW 90,00,000,000, which was paid from the money appropriated for the principal, and the Plaintiff shall seek payment of the remainder of the principal and interest thereon.

D. As of March 30, 2016, the Defendant paid KRW 180,000,000 out of the loan of this case as of March 30, 2016, and finally repaid KRW 30,000,000 on April 6, 2016. The Plaintiff exempted the interest obligation, thereby extinguishing the loan of this case.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 210,000,000 and the agreed interest thereon, except in extenuating circumstances.

However, comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 4 through 7 (including each number), the defendant repaid to the plaintiff KRW 50,000,000 from February 2, 2007 to March 20, 2016, and KRW 130,000,000 from June 20, 2015 to March 20, 2016. The defendant paid to the plaintiff KRW 30,00,000 on November 7, 2016, and KRW 2,000 on November 6, 200.