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(영문) 대구지방법원 2016.11.17 2016가단17818

대여금

Text

1. The Defendant’s KRW 36,50,000 as well as the Plaintiff’s annual rate from June 14, 2016 to November 17, 2016, and the following.

Reasons

1. Claim for the agreed amount of KRW 50 million;

A. 1) The Plaintiff: (a) received six copies of household checks as collateral and lent KRW 20 million to C; (b) the Plaintiff did not repay them; and (c) the Defendant, who was liable to C, borrowed money to D; (d) the Plaintiff paid KRW 10 million in lieu of D’s debt; and (e) the Defendant, who was liable to D, promised to pay KRW 5 million in excess of the Plaintiff’s office and car transfer. After that, the Defendant promised to pay KRW 5 million in total to the Plaintiff, among the Plaintiff who did not pay the above money, since the Defendant was obligated to pay KRW 50 million in excess of KRW 12 million in total and KRW 50 million in total to the Plaintiff on February 28, 2008, the Defendant paid KRW 50 million in excess of KRW 50 million in total to the Plaintiff on the ground that the Plaintiff, who was liable to pay the said money to the Plaintiff on the part of the Plaintiff’s office and the Plaintiff’s damages for delay.

The defendant did not pay the money to the plaintiff because D did not pay the money because D did not pay the money to the plaintiff.

While taking over F's vehicle from the Plaintiff, the vehicle was returned to F, and the Plaintiff was paid part of the vehicle, although it was not paid in lump sum.

The office fixtures and lease deposits have not been paid in lump sum, but all of them have been repaid.

B. In order to recognize the Plaintiff’s claim for KRW 50 million, it should be recognized that the Defendant agreed to pay the Plaintiff the price for delivery of C, D, vehicles, and office fixtures, and that the Defendant paid KRW 50 million to the Plaintiff.

However, A No. 1 (Receipt) is the following amount G.