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(영문) 춘천지방법원강릉지원 2020.07.22 2019가단37140
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff lent KRW 10 million to the Defendant on May 11, 2015 (one year, 2% per month of payment, and 2% of interest, respectively).

7. 8. 30 million won, 3.0 million won, 3.

8. 12.12. 10 million won, 4. 10 million won on February 11, 2016, 5. The same year

4. 20 million won on October 20, 60 million won,

6. A further loan of KRW 10 million to 22.2. A total of KRW 90 million was lent.

From October 2016 to October 2017, the Defendant paid interest without any interruption, and repaid the principal amount of KRW 30 million up to January 2017. After that, the Defendant’s payment of KRW 100,000 of the principal and interest KRW 200,000 per month is delayed due to the delay of the payment period from January 2017 to May 2018, and paid KRW 16,000 of the principal and interest KRW 3 million every month.

Ultimately, the remaining principal of the loan is the cause of 44 million won and the subsequent additional repayment is not made. Thus, the defendant must pay the plaintiff the above 4 million won and the damages for delay.

2) The Defendant’s father and wife C used the Defendant’s account because it is difficult for the Defendant to conduct a bank transaction due to bad credit. As such, the Plaintiff only engaged in monetary transactions with C, and the Defendant did not borrow money from the Plaintiff. According to the overall purport of the statement and pleadings as to the evidence Nos. 1-1-4 and 2-2, it is recognized that the Plaintiff remitted money as alleged by the Plaintiff to the Defendant’s account, and that the money, which appears to have been repaid to the Plaintiff from the Defendant’s account, was remitted to the Plaintiff from the Defendant’s account. However, even if there is no dispute as to the fact that the amount of money is available between the parties, the Plaintiff bears the burden of proof as to the leased fact (see, e.g., Supreme Court Decisions 2013Da73179, Sept. 15, 2015; 2013Da73179, Sept. 15, 2015).

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