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(영문) 울산지방법원 2020.11.11 2020가단2938

대여금

Text

The defendant shall calculate 35,00,000 won to the plaintiff and 12% per annum from May 29, 2020 to the day of full payment.

Reasons

1. The assertion and judgment

A. According to the purport of Gap evidence No. 1-3 and Gap evidence No. 2-2 and the whole arguments and arguments as to the cause of the claim, the plaintiff loaned KRW 40,000,000 to the defendant on March 5, 2015, and KRW 10,000,000 on May 18, 2015, and KRW 20,000,000 on September 20, 2016, and KRW 5,000,000 on December 13, 2019, the defendant paid the plaintiff KRW 35,00,000,000 to the plaintiff on December 13, 2019. According to the above facts, the defendant is clearly obligated to pay the plaintiff the balance of the principal leased to the plaintiff (=40,000,000,500,000,000 and damages for delay from September 20, 202).

B. As to the Defendant’s assertion, the Defendant alleged that he borrowed money from the Plaintiff, or that the balance of the leased principal to be repaid to the Plaintiff is merely KRW 15,00,000,000. However, there is no evidence to acknowledge the Defendant’s assertion (the Defendant alleged that he repaid KRW 20,00,000, but the Defendant appears to have paid the above payment for a separate loan, not the instant loan), and the Defendant’s assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.