beta
(영문) 서울북부지방법원 2016.01.07 2015가단15815

대여금

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from February 14, 2014 to January 7, 2016.

Reasons

1. The plaintiff asserts that the plaintiff merely lent 1.2 million won to the defendant around January 201, 201, 8.0 million won around February 28, 201, and 27.2 million won on March 30, 2011, and 9 million won on March 30, 201 without setting interest and due date for payment. Thus, the defendant is obligated to pay the remaining loans 18.2 million won to the plaintiff and delay damages.

On the contrary, the defendant asserts that the defendant borrowed a total of KRW 18 million from the plaintiff around February 28, 201 to March 30, 2011, and repaid all of them.

2. Determination

A. According to the evidence No. 1 and No. 3 of the judgment as to the cause of the claim, the Defendant agreed to withdraw and pay the loan if the loan was deposited in the Plaintiff’s deposit account with the Plaintiff’s name by obtaining a loan from the Plaintiff, and thereafter, the Defendant collected a loan of KRW 4 million from one card on February 28, 201, and withdrawn KRW 2 million.

30. A loan of 43 million won from a credit union shall be withdrawn from 13 million won and shall be withdrawn from the credit union for the same year;

8. The fact that 6 million won was loaned from Samsung Card on February 19, 201 and withdrawn 6 million won, and that the Defendant was punished for fraud due to the Defendant’s failure to receive the above loan. According to the above facts of recognition, the amount that the Plaintiff lent to the Defendant is the amount that the Defendant actually actually withdrawn. Thus, the Plaintiff’s KRW 2 million on February 28, 201, and the same year.

3.30.13 million won, and the same year.

8. A loan of KRW 18 million is deemed to have been lent to the Plaintiff on September 3, 199. Thus, barring any special circumstance, the Defendant is obligated to pay the remainder of the loan of KRW 9 million after deducting the Plaintiff’s repayment amount from the amount of KRW 9 million, and the Plaintiff’s above assertion is with merit within the scope of the above recognition.

Although the Plaintiff did not explicitly claim the loan on August 19, 201, the above loan is also extended considering the total amount of money and the criminal facts punished by the Defendant.