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(영문) 대전지방법원 2016.01.14 2015가단219853
대여금
Text

1. The counterclaim Defendant is 29,00,000 won to the counterclaim and 8.2% per annum from January 8, 2010 to August 27, 2015.

Reasons

1. Basic facts

A. On May 20, 2004, the Counterclaim Plaintiff (hereinafter “Plaintiff”) remitted KRW 9,000,000 to the counterclaim Defendant (hereinafter “Defendant”) (hereinafter “Defendant”).

B. On November 8, 2004, the Plaintiff borrowed KRW 20,000,00 from the New Cooperatives (hereinafter “New Cooperatives”) C.

[Ground of recognition] Facts without dispute, Eul evidence No. 1, Eul evidence No. 6-1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff lent KRW 9,000,000 to the defendant on May 20, 2004, and ② 20,000,000 to November 8, 2004.

B. The Defendant’s assertion that: (a) on April 22, 2004, the Defendant: (b) purchased 5 real estate from D and E with the F of Sejong Special Self-Governing City amounting to KRW 13,000,000; (c) on the ground that the purchase price is insufficient; and (d) from May 20, 2004 to July 2008, the Defendant agreed to pay KRW 180,000 per month from August 2008 to January 2010; and (e) paid all the money accordingly.

3. The following facts are acknowledged as either there is no dispute between the parties to the sales market or by comprehensively considering the overall purport of the pleadings in the evidence Nos. 4, 7, and 8. In other words, even if the Plaintiff lent KRW 13,00,000 to the Defendant without any friendly relationship, it is exceptional to the Defendant’s agreement that only the principal amount of KRW 13,00,000 for a long time without any interest agreement; ② the Defendant transferred KRW 430,000 to the Plaintiff on December 22, 2004, KRW 180,000 per month from January 200 to July 2008; and thereafter, KRW 20,000 per month from December 209 to KRW 10,000 per annum; ② the Plaintiff loaned KRW 180,000 per annum or KRW 20 per annum to the Defendant on August 20, 2008; and ② the Plaintiff’s loan was extended to the Defendant on August 28, 20000.

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