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(영문) 울산지방법원 2018.08.08 2017나26089
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The fact that the Plaintiff lent a total of KRW 12,120,000 to the Defendant as follows (hereinafter “instant loan”) does not conflict between the parties. Thus, the Defendant is obligated to pay to the Plaintiff KRW 12,120,000 and delay damages under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, barring any special circumstance.

On November 15, 2010, 201, the amount of the lending date (won) stated as KRW 1,100,000 from the preparatory documents of December 5, 2016 to D accounts on October 28, 201, the Defendant entered as KRW 1,100,000 by means of C accounts in the amount of the lending date (hereinafter referred to as “C”) but according to the entry under subparagraph 2, it appears to be a clerical error in the amount of KRW 1,110,000.

On October 24, 2012, 200, 660,000 on December 370, 2013, 2013, 370,000 on October 15, 2013, 200 on December 31, 2013, 370,000 on December 370, 200 to E account on December 16, 2012, 200, 1,000,000 on December 50, 200,00 to F account on October 24, 2012;

2. Judgment on the defendant's defense of payment

A. As the Defendant asserts that all of the instant loans were repaid to the Plaintiff, the Defendant: (a) comprehensively taking account of the Plaintiff’s assertion that she repaid the instant loans; (b) the written evidence Nos. 1 and 2; and (c) the fact-finding results and the entire purport of the pleadings with respect to Gyeongnam Bank Co., Ltd., Ltd., the court of the trial at the trial; and (d) separately from the instant loans from the first date of the instant loans to December 31, 2013, the first date of the instant loans, from November 15, 2010 to the last date of transfer; (b) separately from the instant loans, the Defendant additionally remitted KRW 4,180,00 to the Defendant’s account under the name of the Defendant from January 3, 201 to January 6, 2014; and (c) accordingly, deemed the Plaintiff to have repaid the instant loans to the Plaintiff at any time under the name of the Plaintiff.

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