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(영문) 창원지방법원 2015.01.15 2014나32438
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From January 26, 201 to March 12, 2012, the Plaintiff lent KRW 210,000,000 to the Defendant by means of remitting a total of KRW 210,000,000 to the Defendant’s account under the name of the Defendant (hereinafter “instant loan”).

B. From February 10, 201 to November 30, 201, the Defendant repaid part of the instant loan by way of remitting the sum of KRW 125,900,000 to the Plaintiff’s account under the name of the Plaintiff, on seven occasions.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 84,100,000 out of the loan 210,000,000 (=210,000,000 - KRW 125,90,000) and damages for delay, barring any special circumstances.

3. Judgment on the defendant's defense for repayment

A. The gist of the party’s assertion asserts that the Defendant repaid all of the instant loans by means of remitting not only KRW 125,900,000,000, which was remitted from the Defendant’s account to the Plaintiff’s account under the name of the Defendant, but also KRW 84,10,000 through C. Accordingly, the Plaintiff asserts that the amount remitted from the account under the name of C was repaid to the Plaintiff’s loan that is irrelevant to the instant loan.

B. The following facts are acknowledged in light of the results of the first instance court’s examination of the plaintiff himself/herself and the purport of the entire arguments in the first instance court, as follows: Gap’s evidence Nos. 1, 2, 4, 5, Eul’s evidence Nos. 1 and 2 (including additional numbers); Eul’s testimony by the witness C of the first instance court; the new bank of the first instance court; Gyeongnam Bank, Suhyup Bank; and the Industrial Bank of Korea’s order to submit each

On November 10, 201, 200, 400,000 on January 4, 2011, 201, Plaintiff C Co., Ltd. Defendant C, Defendant C, the following: (a) 6,00,000 on January 21, 201, 200 on January 21, 201; (b) 2,000,000 on January 28, 201; (c) 20,000,000 on January 28, 201; (d) 6,000 on January 28, 201, 200 on June 20, 201; and (e) 0,000,000 on July 25, 200,000; and (e)0,000,0000,0000,000,000,00,008;

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