logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2014.10.24 2012가단9576
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 53,800,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 24, 2012 to October 24, 2014.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserts that he lent KRW 30,000,000 to the defendant on August 29, 2008, and KRW 50,000,000 on January 20, 2009, the plaintiff sought the payment of KRW 60,00,000 and the delayed payment for the remainder of the loan that deducts the principal amount of KRW 20,000,000 and the delayed payment for the person who was repaid as the principal suit.

B. However, according to Gap evidence 1 through 3, the plaintiff is obligated to pay the plaintiff 53,800,000 won (=28,800,000 won - 20,000,000 won on August 29, 2008, and ② January 20, 2009. The plaintiff was paid 20,000,000 won during the period from January 25, 2010 to November 12, 2010. Thus, the defendant is obligated to pay the plaintiff 53,80,000 won (=28,800,000 won - 20,000,000 won) and delay damages.

2. Judgment on the defendant's defense against the main lawsuit and the cause of the counterclaim

A. As to this, the Defendant continued to lend loans from February 2004 to November 2010 between the Plaintiff and the Plaintiff. When settling the amount, the Defendant would use the amount to repay the Plaintiff’s principal loan to repay the Plaintiff’s principal loan, and the Defendant would make a repayment or set-off objection against the Plaintiff’s claim, and seek reimbursement of KRW 29,594,961 as a counterclaim, and the Defendant would seek reimbursement of the amount of KRW 29,594,961 as a counterclaim.

B. The entire content asserted that the Defendant and the Plaintiff lent each other is as shown in the attached Table 4, A, 5, 7, 9, A, 12, 14, 15, 17, 19-2, 19-1 through 15, 27-1 through 3, 28-1 through 3, 29, 32-10, 33, 5, 5, 5, 5, 5, 7, 5, 5, 12, 14, 15, 17, 19-2, 19-2, 19, 22, 17-1 through 15, 27-1 through 3, 28-1 through 30, 10, 32-10, 34, 5, 5, 40, 41, 42-1, 42-2, 1-4, 9, x 9 of financial transaction report column.

arrow