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(영문) 춘천지방법원강릉지원 2019.01.15 2018가단2147
대여금
Text

1. As to KRW 40,460,821 and KRW 39,900,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from July 7, 2017 to January 15, 2019.

Reasons

1. Determination on the cause of the claim

A. On March 8, 2010, the Plaintiff asserted that KRW 10,000 should begin to receive interest at an annual rate of KRW 25,000,000,000,000 to the Defendant by September 26, 2016. On September 29, 2016, the Plaintiff loaned KRW 17,100,000 to the Defendant, who received reimbursement of KRW 42,22,22 million from the Defendant, and thereafter lent KRW 3,00,000 to the Defendant on May 24, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 67.9 million (i.e., KRW 3 million - KRW 42.2 million) and damages for delay calculated by the rate of KRW 15% per annum from September 30, 2016 to KRW 64.9 million, and from May 25, 2017 to KRW 3 million.

B. Comprehensively taking account of the overall purport of evidence Nos. 1, 2, and 5 (Partial Nos. 1, 5 omitted) and the entire pleadings, the Plaintiff’s statement of KRW 26.29 million on August 26, 2018, KRW 1,000 on November 22, 2013, KRW 9 million on April 30, 2014, KRW 500,000 on October 27, 2014, KRW 320,000 on November 25, 2014, KRW 5,000 on December 26, 2014, KRW 200,000 on March 16, 2015, KRW 200,000 on the Plaintiff’s annual evidence No. 301,50,000 on March 17, 2015, KRW 200,005.

However, comprehensively taking account of the respective descriptions and arguments in Nos. 3, 4, 7, 8, 9 (Partial number omitted), and Nos. 2 and 2, the Plaintiff paid KRW 25 million to D in relation to the lease of a ground building E from the Defendant’s wife D on March 8, 2010, and the Plaintiff wired KRW 7 million in total to C on December 7, 2016, and around that time, borrowed KRW 7 million in total to C on December 7, 2016. However, the above facts alone are recognized, but the Plaintiff lent KRW 25 million to the Defendant on March 8, 2010 or on December 10, 2016.

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