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(영문) 광주지방법원 2017.10.20 2017나1628

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

Basic Facts

The Defendant decided to borrow money from the Plaintiff on November 15, 201, and accordingly, received the money totaling KRW 38.5 million from the Plaintiff’s bank account to the 17th of the same month through the Plaintiff’s bank account.

In the process of lending money as above, the Defendant drafted a lease contract (No. 1) under which the Plaintiff leased (D 202) No. 102,00,000,000,000 won as security deposit, and transferred KRW 10,000,000 to C’s account on November 15, 201 in accordance with the above lease contract.

On June 29, 2012, the Defendant remitted the sum of KRW 30 million from E’s account, which is his/her father, to C in order to repay the above loan, to C’s account. On October 5, 2012, the Defendant remitted KRW 6 million to the Plaintiff’s account.

The defendant prepares a cash custody certificate (Evidence 2, hereinafter referred to as "first cash custody certificate") stating that "I will deposit 10 million won to the plaintiff on July 2, 2012," and promises I will pay 10 million won to the plaintiff by April 15, 2013, in January 15, 2013, "I will pay 10 million won by April 15, 2013."

(1) The Plaintiff’s assertion as to the assertion of the purport of the entire pleadings was prepared and proposed. [The Plaintiff, around November 15, 2011, lent KRW 40 million to the Defendant, and received KRW 30 million from the Defendant on June 29, 2012.

Therefore, the defendant is obligated to pay the remaining loan 10 million won and delay damages to the plaintiff.

The defendant's argument ① is based on the facts as seen earlier.

As stated in the foregoing paragraph, the Defendant, as the Defendant, transferred the transferred KRW 10 million out of KRW 38.5 million to C again, and thus, the amount of the loan was KRW 28.5 million, and the Defendant’s instant loan obligations against the Plaintiff were all extinguished with the repayment of KRW 30 million on June 29, 2012 as the Plaintiff was the Plaintiff.

② The Defendant’s assertion against the Plaintiff.