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Reasons
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(영문) 서울동부지방법원 2019.02.13 2017가단138525
대여금
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1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 60,000,000 shall apply to the Plaintiff upon arrival of December 31, 2019.

Reasons

1. Basic facts

A. On May 21, 2012, the Plaintiff paid KRW 85,000,000 (= KRW 80,000,000) to the Defendant for one sheet of check and KRW 5,000,000 in cash (= KRW 80,000,000).

B. The Defendant repaid to the Plaintiff KRW 25,00,000,000 on October 20, 2012, and KRW 10,000,000 on April 20, 2013, and KRW 25,000,000 on October 19, 2013 (= KRW 5,000,000,000).

[Ground for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion: (a) upon the Defendant’s request that the Defendant make loans to the Plaintiff; (b) the Plaintiff would pay interest and earnings; and (c) the Plaintiff lent KRW 85,00,000 to the Defendant; (d) six months after the date of the loan; (b) the period of repayment was fixed at KRW 500,000 per month; and (c) the amount of interest at KRW 500,000 per month; and (d) the amount of interest at the arrival of the due date; and (e) the Defendant paid to the Plaintiff KRW 10,00,000 on April 20, 2013; and (e) the amount of interest at KRW 10,00,000 on April 10, 2013; and (e) the remainder of the principal and interest of the loan was not paid as the principal and interest of the Plaintiff.

Even if the original and the Defendant did not recognize the existence of a monetary lending agreement as alleged above, the Defendant agreed to repay the principal by the end of 2019 upon the Plaintiff’s demand for reimbursement, and thus, the Defendant is obliged to pay the principal amounting to KRW 60,000,000 and delay damages.

B. As the Plaintiff asserted the existence of the lending agreement on KRW 85,00,000 between the Defendant and the Defendant, the Plaintiff paid KRW 85,000,000 to the Defendant on May 21, 2012, and thereafter, the Plaintiff received reimbursement of KRW 25,00,000 in total from the Defendant during the period from October 20 to October 19, 2013.

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