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(영문) 서울동부지방법원 2015.12.16 2015가단104139

대여금

Text

1. The Defendant’s annual interest in KRW 92,422,739 and KRW 54,00,00 among the Plaintiff, from March 28, 2010 to September 30, 2015.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the arguments in Gap evidence No. 1 and evidence No. 2-1 through No. 3, the plaintiff set the amount of KRW 1.24,00,000 on March 7, 2003 under the joint and several surety of each defendant as 100 days after the due date for repayment; ② the due date for repayment of KRW 20,000 on September 23, 2003 is set as 10.3. The plaintiff lent the amount of KRW 10,000 on February 13, 2004 to the plaintiff on February 19, 2004, and the plaintiff filed a lawsuit against Eul and the defendant for the return of each of the above loans under the above loan No. 204Ga53122, and the plaintiff did not jointly file a lawsuit against the plaintiff and the defendant for the return of each of the above loans from the expiration date of the statute of limitations period of limitations to 200,400 per annum and the above judgment.

B. According to the above facts, the defendant is obligated to pay to the plaintiff the sum of 54,00,000,000 won for each of the above loans (hereinafter referred to as "each of the loans of this case") and damages for delay, except in extenuating circumstances.

2. Judgment on the defendant's assertion of repayment

A. The Defendant asserts that C, the principal debtor of the instant case, repaid to the Plaintiff each of the instant loan obligations. If C added to the purport of the entire pleadings as stated in the evidence Nos. 1 through 4, it shall be deemed that C paid to the Plaintiff the total of KRW 5,00,000 on March 27, 2010; KRW 2,300,000 on June 29, 2010; KRW 3,900,000 on September 28, 2010; KRW 2,00,000 on December 31, 2010; KRW 3,80,000,000 on April 3, 15, 2011; KRW 180,000 on June 180, 201; KRW 30,000 on July 18, 201; KRW 10,308,000 on September 18, 2018.