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(영문) 광주지방법원 2017.05.23 2016가단13586
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 20,450,00 and the interest rate of KRW 15% per annum from November 9, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On April 6, 2015 and April 29, 2015, the Plaintiff remitted total of KRW 28,500,000 to the Nonghyup Bank (Account Number: D) in the name of Defendant Dong Jae-in as indicated below.

Temporary remittances 19,00,000 won on April 6, 2015 20. 9,500,000 won on April 29, 2015 28,50,000 won

B. From May 10, 2015 to September 25, 2015, a sum of KRW 8,050,000 was remitted to the deposit account (Account Number: E) in the Plaintiff’s name as indicated in the following table.

A person who sent the amount of temporary remittance of the sequence 10 million won on May 10, 2015 C C 200,000 won on June 16, 2015 C 3,00,000 won on July 24, 2015 C 3,00,000 won on July 24, 2015 C 850,000 won on August 17, 2015, Defendant Joint 8,000 won on September 2, 200,00 won on September 25, 2015 / [Grounds for recognition] The fact that there is no dispute over each entry in the evidence Nos. 1 and 6 (including each number), and the purport of all pleadings.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed KRW 28,50,000 in total to the Defendant’s deposit account in the name of Defendant Dong-in, as described in the foregoing paragraph (a) upon the Defendant’s request that he/she lent money on April 2015. However, the Defendant paid KRW 8,050,000 in total to the Plaintiff from May 10 to September 25, 2015, as described in the foregoing paragraph (b). As such, the Defendant is obligated to pay KRW 20,450,000 that remains outstanding to the Plaintiff (i.e., KRW 28,50,000) and damages for delay.

B. The defendant's assertion did not lend a total of KRW 28,500,000 from the plaintiff as stated in the above paragraph 1's paragraph, and since the above KRW 28,50,000 was deposited in the deposit account in the name of the defendant's Dong C, it is not related to the defendant, and C is responsible.

Even if the Defendant is liable for the loans of KRW 28,50,000 to the Defendant, the Defendant is liable for the loans of KRW 3,634,980 on June 5, 2014; KRW 20,000,000 on March 24, 2015; KRW 850,000 on August 17, 2015; and KRW 26,484,980 on September 25, 2015; = 3,634,980 on KRW 20,000 on September 25, 2015.

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