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(영문) 의정부지방법원 2018.02.08 2016가단117179

대여금

Text

1. The defendant shall be the plaintiff.

(a) KRW 37,100,000 and for this, 5% per annum from August 5, 2016 to February 8, 2018.

Reasons

The Plaintiff was paid KRW 83.1 million in total to the Defendant from January 29, 2013 to December 28, 2015, as listed in the following attached Table, and received KRW 41 million in total from the Defendant from October 8, 2013 to July 16, 2015.

“The loan interest on the date of loan and the due date of repayment of KRW 10,00,00 on January 29, 2013 not agreed to KRW 10,00,00,00 for the loan to the Agricultural Cooperative Account under the name of Defendant C” in KRW 17,60,000 on August 31, 2013 (“3 15,00,000,000 won” in KRW 10,000 on July 15, 2014 (“5,00,000 KRW 71,00,00,000 on October 71, 2014, 200 “each of the above 30,000 won was remitted to the Agricultural Cooperative Account under the name of Defendant C and KRW 17,00,000 on December 317, 200, 200 on the remainder of the loan amount of KRW 301,50,005.

On May 20, 2015, the Defendant asserted that the amount equivalent to the above amount should be offset since it was not paid 5 million won since the Plaintiff’s promissory note discounted at the face value of 20 million won.

On May 20, 2015, the fact that the Defendant received a promissory note of KRW 20 million at a discount from the Plaintiff on the face value of KRW 20 million does not conflict between the parties. According to the evidence revealed earlier, the Plaintiff may be found to have remitted only the amount of KRW 15 million to the account in the name of the Defendant C on May 21, 2015, and there is no counter-proof otherwise.

The plaintiff lent KRW 5 million to the defendant before the bill discount, and the remaining amount of KRW 15 million is deducted, and the bill discount is paid to the defendant.