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Reasons
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(영문) 춘천지방법원 2017.08.17 2017가단50207
대여금
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1. The defendant shall pay 89,870,000 won to the plaintiff and 15% per annum from February 10, 2017 to the day of complete payment.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in light of the whole purport of the arguments as to Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4-1 to 4, Gap evidence 5, Gap evidence 6, and Eul evidence 8, and there is no counter-proof.

The plaintiff and the non-party deceased C (hereinafter referred to as "the deceased"), who died on September 30, 2016, and the defendant is the only heir as the deceased's child.

B. From September 13, 2012 to August 29, 2016, the Plaintiff paid KRW 96,170,000 to the Deceased. The Deceased paid KRW 2,00,000 to the Plaintiff on December 26, 2012.

2. Determination

A. The Plaintiff asserted by the parties that he/she lent gold KRW 96,170,00 to the Deceased, and the Deceased claimed that he/she is liable to pay the Plaintiff the remainder of the deceased’s debt as KRW 2,00,000 on December 26, 2012, KRW 1,000,000 on February 7, 2013, KRW 500,000 on July 1, 2014, KRW 1,000 on July 28, 2014, KRW 1,000,000 on December 20, 2015, KRW 80,000 on September 6, 2016, KRW 630,000 on September 7, 200, KRW 808,00 on the deceased’s heir’s debt and delay damages.

In this regard, the defendant asserts that the amount that the plaintiff paid to the deceased is the amount borrowed from the plaintiff at the non-party D D D D D D D D D D, and that it is the amount that the plaintiff donated to the deceased as the living expenses of the deceased, and that the amount that the plaintiff paid to the plaintiff is difficult to live.

B. The following facts do not conflict between the parties, or are acknowledged in light of the whole purport of the pleadings in each entry of Gap evidence 7-1, 2, 9, 10, 11, 12, 13, 14, 15, 19-1, and 19-1, and there is no reflective evidence.

1. According to the minutes of the Diplomatic Meeting on October 23, 2016, according to the minutes of the Diplomatic Meeting, from the Plaintiff to September 2016, 98.

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