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(영문) 대전지방법원서산지원 2020.06.10 2018가단57310

대여금

Text

1. The Plaintiff, Defendant B, as well as Defendant B’s KRW 43 million from November 27, 2018; Defendant C, as well as KRW 50 million.

Reasons

1. Determination as to the claim against the defendant B

A. According to the evidence evidence Nos. 1, 3, 4, and 9, the Plaintiff may be found to have received reimbursement of KRW 47.5 million on July 30, 2019 and KRW 3 million on December 4, 2019, by either granting cash to Defendant B or allowing the Plaintiff to use the Plaintiff’s credit card from November 26, 2013 to November 26, 2016.

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the remainder of 43 million won borrowed from the Plaintiff and delay damages at the rate of 12% per annum from November 27, 2018 to the day of full payment, which is the day following the delivery of the complaint of this case.

C. The plaintiff's claim against the defendant B is justified, and this is accepted.

2. Determination as to the claim against Defendant C

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 5 through 8, the Plaintiff borrowed KRW 46 million from Defendant C, E, and F, around August 18, 2017, and loaned the above KRW 46 million to Defendant C without due date and due date for payment, but was not repaid. The Plaintiff paid interest on the above loan between Defendant C and the Plaintiff around October 15, 2018, and repaid KRW 6,018,626 in preference to the Plaintiff’s loan by October 15, 2018, and agreed to repay KRW 50 million by March 15, 2019. However, the Plaintiff’s repayment of the loan to Defendant C by December 2018 can be recognized as having agreed to fully repaid the loan to the Plaintiff by December 20, 2018.

B. According to the above facts of recognition, Defendant C cannot repay the remainder of the loans by October 15, 2018 and repay all interest on the loans by March 15, 2019.