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(영문) 서울중앙지방법원 2014.06.12 2013가합523877
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that, while accepting entertainment taverns, the Plaintiff loaned KRW 300 million to C, a total of KRW 345 million from January 3, 2008 to March 31, 2008, including lending KRW 300 million to the Defendant around January 3, 2008.

Since then, the defendant received KRW 215,920,000 from the plaintiff among the above loans.

Therefore, the defendant is obliged to pay the remainder of the loan to the plaintiff KRW 119,080,000 as well as damages for delay.

The Plaintiff asserted that the loan of KRW 129,080,000 (i.e., KRW 345,000,000 - KRW 215,920,000) remains in the preparatory document dated October 29, 2013, but did not claim that the claim was modified and that the claim was partially claimed.

B. The Defendant alleged that the Defendant paid a total of KRW 39 billion from May 10, 2007 to October 2008. The Defendant deducted the amount equivalent to KRW 110 million based on the credit assessment value, such as the State, etc. responsible to the Plaintiff, on the grounds that the amount of KRW 10 million was deducted, the Plaintiff’s loan claims asserted by the Plaintiff were all extinguished.

2. Determination

A. In full view of the overall purport of pleadings as to the cause of the claim, Gap evidence Nos. 1, 3-1, 2, and 4-1, 4-1, 6, 5, 8, and 9-1, and 2, the defendant issued a promissory note with a maturity of 300 million won on Oct. 15, 2007 when purchasing entertainment tavern from C on May 29, 2007. The said promissory note was processed as a result of the above alteration on Jan. 31, 2008; the defendant borrowed the purchase price of 300 million won which shall be paid to Byung on Jan. 31, 2008 to the plaintiff on March 31, 2008; and the plaintiff again received a certificate from the defendant on Jan. 9, 2008 to 300 million won on the ground that it was returned to the defendant on May 13, 2008; and the plaintiff received the above amount of KRW 3000 million on May 28, 208, 20008.

On the other hand.

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