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Reasons
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(영문) 의정부지방법원 2015.09.18 2015가단10127
대여금
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1. The Defendant shall pay to the Plaintiff KRW 79,213,150 and KRW 60,000 among them, starting from January 31, 2015.

Reasons

1. Facts of recognition;

A. From February 11, 2010 to August 8, 2013, the Plaintiff set interest at 2% per month and lent money to the Defendant on several occasions, and the Defendant, on July 8, 2013, remains 98,000,000 won for the remainder of KRW 120,000 to the Plaintiff.

The receipt was drawn up with the content of "the receipt".

B. On August 1, 2013, the Defendant repaid KRW 43,000,00 to the Plaintiff on August 1, 2013, and the Plaintiff did not clearly state whether the amount of KRW 43,00,000 in the preparatory document as of May 13, 2015 is the amount of KRW 60,000,000. However, in light of the fact that the amount of the loan is KRW 60,000,00, the amount of the loan shall

On August 8, 2013, the Plaintiff additionally lent KRW 5,000,00 to the Defendant.

The fact that the amount actually paid by the Plaintiff to the Defendant is KRW 4,300,000,000, or that the above amount was paid after deducting the interest on the non-payment of the existing loan, and that the loan is KRW 5,00,000, is no dispute between the parties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, purport of whole pleadings

2. Determination

A. The Plaintiff’s assertion (i) the balance of the loan lent to the Defendant by the Plaintiff to the Defendant was KRW 90,000 as of January 21, 2013, and the Plaintiff additionally lent KRW 20,000,000 on February 26, 2013, and the remainder of the loan was KRW 120,000,000 on February 27, 2013. The Defendant repaid a part of the principal and interest among the above loan, and the remaining loan became KRW 98,00,000 on July 8, 2013.

Afterward, the Defendant repaid the Plaintiff KRW 43,000,000 on August 1, 2013, and additionally lent KRW 5,000,000 on August 8, 2013, and thus, the remainder of the loan is KRW 60,00,000 ( KRW 98,000,000-43,000,000).

D. The amount of KRW 98,00,000 as stated in the Defendant’s Defendant’s argument No. 2 was calculated through any settlement process (it is interpreted in favor of the Defendant to the effect that the Defendant’s above assertion was written by mistake) and C. of the amount loaned from the Plaintiff.

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