beta
(영문) 광주지방법원 2018.02.20 2017가단509381

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On October 26, 2007, the Plaintiff lent KRW 1 billion to the Defendant. Among them, the fact that the Plaintiff received KRW 800 million from the Defendant does not conflict between the parties. Therefore, the Defendant is liable to pay KRW 200 million and delay damages to the Plaintiff, barring special circumstances.

In light of the following circumstances, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant on the exemption of the remainder of loans 200 million won, i.e., the Plaintiff and the Defendant, taking into account the following circumstances, i.e., the Plaintiff and the Defendant, and upon considering the overall purport of the testimony and pleadings of the witness C, which are acknowledged as having been agreed to exempt the Plaintiff from the obligation of KRW 200 million. In light of the fact that the Plaintiff and the Defendant testified that the Plaintiff and the Defendant were in dispute due to the creation of middle and high schools and the creation of the witness C around 2010, and that around 2010, there was a dispute between the Plaintiff and the Defendant, and that the Defendant paid the Plaintiff KRW 80 million and paid the remainder of the debt, and received the original loan from C, the Defendant’s assertion is with merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.