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(영문) 전주지방법원군산지원 2015.09.04 2014가단7747
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 35,00,000 won to the Plaintiff (Counterclaim Defendant) and its payment from June 26, 2014.

Reasons

1. The parties' assertion

A. The Plaintiff loaned KRW 20 million to the Defendant on March 14, 2014, KRW 10 million on March 19, 2014, and KRW 5 million on April 11, 2014 to the Defendant’s account or deposited into the Defendant’s account as instructed by the Defendant. The Defendant is liable to pay KRW 35 million to the Plaintiff and its delay damages. 2) Since the Plaintiff deposited KRW 30 million into the Defendant’s account on March 14, 2014, and KRW 30 million on March 19, 2014, and KRW 5 million on April 11, 2014, each due date is one month after the date of each lending, but the Defendant did not pay each due date, and thus, the Plaintiff is not liable to pay KRW 30 million to the Defendant with a discount of KRW 30,000,000 to the Defendant’s account under the Plaintiff’s request for a promissory note (hereinafter “D”).

The Plaintiff’s deposit of KRW 5 million into the F’s account on April 11, 2014 does not lend to the Defendant, but directly repaid the interest related to the amount claimed as a counterclaim by the Defendant.

B. Counterclaim-related 1) The Defendant Plaintiff: (a) the bill number G of D issuance and (b) the face value of KRW 50 million from C (hereinafter “instant bill”).

(B) Around March 30, 2014, the maturity date of the loan used, but not repaid KRW 50 million. C, under the Defendant’s joint and several surety, was to pay interest of KRW 10 million per month from H, a bond business operator, and borrowed KRW 200 million in order to settle the Promissory Notes. The Defendant paid KRW 50 million and interest KRW 20 million in lieu of C (the total amount of interest KRW 25 million) and KRW 50 million in its direct repayment on April 11, 2014 by the Plaintiff.

The defendant is related to C or D.

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