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(영문) 서울북부지방법원 2015.05.14 2014가합547
대여금 반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the plaintiff's assertion was as follows: ① on May 16, 2007, ② on May 16, 2007, ② on May 2, 2007, ② on May 17, 2007, KRW 10,000, KRW 880,000 on July 19, 2007, KRW 11,880,000 on July 19, 2007, KRW 10,10,000 on July 207, 200, KRW 63,680,000 on July 25, 200, KRW 200 on a total of KRW 63,680,00 on a deposit basis, KRW 200 on a deposit basis, ② on a deposit basis, KRW 30,00 on a deposit basis.

The Plaintiff received reimbursement of KRW 130,000,000 in total, including the Defendant, KRW 3,000,000 on September 3, 2007, KRW 12,000,00 on February 23, 2008, KRW 10,000 on May 24, 2008, KRW 35,000,000 on August 24, 2008, and KRW 130,000 on February 28, 2013.

Therefore, the Defendant is obligated to pay 163,680,000 won (=293,680,000 won - 130,000,000 won) and damages for delay that have not been paid to the Plaintiff.

2. Determination

A. The Plaintiff’s loan amount is KRW 15,00,00 on May 16, 2007; KRW 2,700,000 on May 17, 2007; KRW 10,80,000 on July 19, 207; KRW 11,80,000 on July 19, 207; KRW 10,10,000 on July 207; KRW 14,000 on July 25, 2007; KRW 63,680,00 on a loan basis; KRW 200 on a loan basis; KRW 200 on a loan basis; KRW 30,00 on a loan basis; KRW 14,000 on a loan basis; and KRW 20,00 on a loan basis, the Plaintiff’s claim for the remainder of KRW 30,00 on a loan basis is without merit.

B. The summary of the Defendant’s defense of repayment 1 is that of the Plaintiff, and that of July 31, 2007, KRW 5,750,000.

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