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(영문) 서울동부지방법원 2019.12.04 2019나25563

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The following facts may be acknowledged in full view of the respective descriptions of Gap evidence Nos. 1, 2, and 5 (including each number), and the purport of the entire pleadings:

1) From July 17, 2017 to August 24, 2018, the Plaintiff lent a total of KRW 2,290,000 to the Defendant as indicated in the following table. The Plaintiff repaid KRW 30,000,000 on July 17, 2017, KRW 4,600,000 on July 18, 2017, 2017, KRW 30,000 on July 21, 2017, KRW 4,60,000 on August 10, 2017, KRW 5,000 on August 24, 2017, KRW 22,90,000 on the aggregate of KRW 22,00,000 on August 1, 201, KRW 71,717,700,717) to the Plaintiff.

3) From September 22, 2017, the Plaintiff continuously demanded the Defendant to repay the loan, and around April 2, 2018, sent the content-certified mail demanding the repayment of the loan. (B) According to the above facts, the Defendant, upon the Plaintiff’s request for the performance of the Plaintiff’s obligation to repay the remainder of 21.2 million won (=2.9 million won-1.7 million won) and the Plaintiff’s claim for the repayment of the loan from April 5, 2018 to May 22, 2019, where the dispute over the existence and scope of the obligation to repay the loan, was 5% per annum as stipulated in the Civil Act, and the remainder of the loan from the next day to the date of full payment, including the Plaintiff’s claim for the repayment of the loan at the rate of 270 million won per annum 271,700,000 won (amended by Presidential Decree No. 27171, May 21, 2019).

2. The defendant's 2.