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(영문) 서울북부지방법원 2018.03.07 2017가단116224
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 23, 2017 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to the claim No. 1 of this case, it is recognized that the Plaintiff loaned KRW 10,000,000 to the Defendant who requires prompt payment on March 17, 2015 without fixing the due date for reimbursement, and that the Plaintiff demanded reimbursement of KRW 10,000,000 on several occasions from December 2015.

The defendant is obligated to pay to the plaintiff 10,000,000 won and damages for delay calculated by the rate of 15% per annum from May 23, 2017 to the day of full payment after the delivery of a copy of the complaint of this case.

2. Judgment on the counterclaim

A. The Defendant alleged that he invested KRW 50,000,000 to the Plaintiff.

The Plaintiff is obligated to pay to the Defendant the remainder of KRW 40,000,000,000, excluding the remainder of KRW 10,000,000, which was returned on March 17, 2015, and delay damages.

B. The Defendant invested KRW 50,000,000 to the Plaintiff solely on the sole basis of the statements in the evidence Nos. 1 to 9.

It is insufficient to recognize that an agreement was made to refund investment money regardless of whether it is losses or losses, and there is no other evidence to recognize it.

3. The plaintiff's main claim is accepted, and the defendant's counterclaim is dismissed.

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