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(영문) 서울북부지방법원 2017.11.14 2017가단15932

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in subparagraph 1, the Defendant is obligated to pay 3.5 million won and interest, etc. thereon to the Plaintiff on December 26, 2013, as the Defendant agreed to pay 3.5 million won to the Plaintiff in two million won from the end of January 2014 to the end of one million won, and the remaining amount is calculated as 1%. Thus, the Defendant is obligated to pay 3.5 million won to the Plaintiff.

2. Since the Defendant alleged that he/she agreed to extinguish the above debt, comprehensively taking account of the overall purport of the pleadings in the statement No. B, the Plaintiff and the Defendant, as a whole, prepared a notarial deed of a monetary loan agreement on April 10, 2015, stating that “the Defendant shall pay to the Plaintiff KRW 4 million by April 10, 2016,” and the Plaintiff and the Defendant may recognize the fact that an additional note of a debt extinguishment that confirms that the above notarial deed was completely repaid on May 26, 2015, was written in the said notarial deed. As such, the Plaintiff and the Defendant agreed to extinguish the above debt on May 26, 2015.

3. The plaintiff alleged that the defendant promised to pay the above debt to the plaintiff every month while making an additional entry of the extinguishment of the debt between the defendant and the defendant, but there is no evidence to acknowledge it.

4. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.