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(영문) 서울동부지방법원 2018.05.17 2017가단18898
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from January 1, 2013 to May 17, 2018.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 3, Eul evidence 9, 10 and the entire purport of the pleadings:

On August 29, 2008, the Plaintiff lent KRW 100,000 to the Defendant.

B. On October 23, 2012, the Plaintiff urged the Defendant to pay the above loan.

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff lent KRW 100,000,000 to the defendant on August 29, 2008, the defendant should pay to the plaintiff the amount of KRW 100,000,000 per annum from August 29, 2008 to the service date of the original copy of the payment order in this case, the amount of KRW 5% per annum from the next day to the service date of the original copy of the payment order in this case and the amount of KRW 15% per annum from the next day to the full payment date.

As to this, the defendant asserts that the defendant did not pay 10 million won received from the plaintiff on August 29, 2008, but paid 10 million won to the plaintiff to the defendant for the investment in Aaler Corporation Aaler Corporation. Since the defendant paid the above money to Aaler Corporation Aaler, the defendant does not bear the obligation to return the above money to the plaintiff.

B. The Plaintiff’s remittance of KRW 100,00,00 to the Defendant on August 29, 2008 is without dispute between the parties, and the Defendant sent text messages to the effect that the Defendant would repay the Plaintiff’s repayment demand, which is recognized by the respective statements in Gap’s 2, 3, Eul’s 9, and 10, and each statement in Eul’s 2, 3, 4, and 5 (including the serial number) is insufficient to recognize that the Defendant paid the money that the Plaintiff received from the Plaintiff to aler Co., Ltd., Ltd., and as there is no other evidence to prove otherwise, it is not recognized that the Defendant paid the money that the Defendant received from the Plaintiff to aler Co., Ltd., Ltd., and even according to the Defendant’s assertion, the Defendant paid KRW 10,000,000 from the Plaintiff to her on September 50, 200, 209 to her on July 3, 2009.

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