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(영문) 의정부지방법원고양지원 2017.06.23 2016가단7961
대여금
Text

1. The Defendant’s KRW 15,459,00 for the Plaintiff and KRW 6% per annum from December 22, 2016 to June 23, 2017.

Reasons

1. The difference between the Plaintiff’s primary claim and the conjunctive claim regarding the limits admitted after December 2, 2013 (hereinafter “the second limit”) is “whether the Plaintiff has the right to evade the time limit provided for in the second limit.” Thus, the part is first determined.

Plaintiff

The plaintiff asserted that from December 2, 2013, the plaintiff subscribed to two previous accounts (500,000 won per month of the payment of the principal account) of the second two previous accounts (50,000 won per month of the payment of the principal account), the defendant grants a part of the deposit amount to the plaintiff instead of the plaintiff, and the plaintiff pays the remainder in the manner that the plaintiff pays the remainder.

Inasmuch as disputes arise and withdraw during the middle, the Defendant should pay the remainder after deducting the amount of half-yearly payment from KRW 37,240,000,000.

B. The Defendant asserted that the Plaintiff did not pay the deposit amount, and that withdrawal was made.

The defendant may not have stated that a part of the accounts shall be granted as interest of 37 million won or less.

C. The issue is whether the Plaintiff paid the fraternity, and this part of the claim cannot be accepted because the evidence submitted by the Plaintiff alone is difficult to recognize it.

Therefore, the plaintiff cannot accept the primary claim on the premise that the plaintiff has a right to escape the second time limit, and then, the plaintiff is judged as to the conjunctive claim.

2. Judgment on the conjunctive claim

A. In full view of the facts that there is no dispute over the determination of the amount borrowed until November 2013, and the entries in the evidence No. 1 (excluding the altered part), No. 12, and No. 12, and the purport of the entire pleadings, the Defendant prepared a certificate of borrowing KRW 36,610,00,000 from the Plaintiff’s first fraternity to the sum of KRW 22,610,000,000,000 from the additional amount of KRW 14,610,00,000, and then borrowed KRW 37,000,000 around November 201, 2013; thereafter, the Defendant may recognize the remainder of KRW 12,409,00 with repayment of KRW 24,20,00 on October 7, 2015.

B. The amount of money paid by the Plaintiff to the Defendant, namely, the cash amount of KRW 600,000 paid by the Plaintiff to the Defendant via C, and the Defendant account on January 7, 2016.

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