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(영문) 서울중앙지방법원 2017.07.18 2016나69644

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Determination as to the cause of claim

A. On September 28, 2012, the Plaintiff agreed to lend KRW 50,00,000 to the Defendant at the monthly interest rate of KRW 50,00,000, and remitted KRW 50,000 to the Defendant’s account under the name of the Defendant. 2) In order to repay the above loans, the Defendant: (i) KRW 1,50,000 on December 7, 2012; and (ii) KRW 3,00,000 on February 28, 2013; and (iii) KRW 16,00,000 on February 1, 2013; and (iv) the same month.

6. A total of KRW 37,500,000 in the Plaintiff’s account was remitted to the Plaintiff’s account. Of these, KRW 7,500,000 in the amount of KRW 30,000 in the amount of interest and KRW 30,000 in the remainder was remitted for repayment of principal.

[Ground of recognition] Unsatisfy, entry of evidence No. 1, partial testimony of witness C of the first instance trial, purpose of whole pleadings

B. According to the above facts, the defendant is obligated to pay 20,000,000 won of the loan balance to the plaintiff, barring special circumstances. Accordingly, the defendant is obligated to pay 50,000,000 won out of 50,000,000 won remitted from the plaintiff, not to the defendant's loan, but to lend the loan. However, the court below acknowledged by the evidence, i.e., the plaintiff remitted 50,000,00 won to the defendant's account under the name of the defendant, i.e., the plaintiff's transfer of 50,000,000 won to the defendant's account as a witness at the court of first instance, and the plaintiff was present at the court of first instance and the witness's use of 50,000,000 won among the loan interest rate of 20,000,000 won among the loan interest rate of 20,000 won to the plaintiff, and there is no reason to acknowledge the defendant's testimony as to the above.