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(영문) 인천지방법원 2016.12.15 2016나8862
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. (1) On January 17, 201, Plaintiff 1 lent KRW 40 million to the Defendant, and the Defendant paid only KRW 20 million among them, and thus, the Plaintiff is obligated to pay the remainder of KRW 20 million and the damages for delay thereof to the Plaintiff. (2) The Plaintiff merely lent KRW 40 million to the Defendant C, and did not lend it to the Defendant.

The defendant only dealt with the work between the plaintiff and C.

B. On January 17, 2011, the Plaintiff deposited KRW 40 million into the Defendant’s account (hereinafter “instant loan”). On the same day, the Defendant deposited KRW 34.7 million into C.

B) On June 15, 2011, the Defendant transferred KRW 20 million from the Defendant’s account to the Plaintiff’s account. [Grounds for recognition] In the absence of dispute, the Defendant received KRW 40 million in his/her own name and returned KRW 20 million, and the Plaintiff, not C, lent the instant loan to the Defendant.

C. If so, the Defendant is obligated to pay to the Plaintiff the remaining loans of KRW 20 million and damages for delay at the rate of KRW 15% per annum from December 30, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. As to the defendant's argument

A. In addition to the claimed KRW 20 million repaid on June 15, 2011, the Plaintiff deposited KRW 20 million into the Plaintiff’s account on the ground that the Plaintiff would be liable to repay to his/her native account, and D deposited KRW 20 million into the Plaintiff’s account on June 20, 201.

Therefore, the loan debt of this case was extinguished by repayment.

B. According to the evidence No. 1 evidence No. 1 B, it can be acknowledged that the Defendant deposited KRW 1.2 million with D’s account on March 17, 201, KRW 8.15 million on March 30, 2011, KRW 1.2 million on April 18, 2011, and KRW 1.2 million on May 26, 201. However, the Defendant paid each of the above money for the repayment of the instant loan.

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