(영문) 대구지방법원 영덕지원 2018.07.24 2018가단140

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(영문) 대구지방법원 영덕지원 2018.07.24 2018가단140

대여금

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1. The Defendant’s KRW 35,50,000 and its annual rate from January 3, 2018 to July 24, 2018 shall be 5% and the next day.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and Nos. 1 through 3 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff, from December 28, 2016 to February 17, 2017, lent a total of KRW 56 million to the Defendant, and the Defendant, around April 2017, prepared a written statement to the Plaintiff that “the Defendant would pay the Plaintiff the total amount of KRW 5 million to the Plaintiff by June 30, 2017.”

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 50 million won after deducting five million won from the loans specified in the above written statement from the plaintiff's person who was repaid by the defendant, barring any special circumstance.

2. Determination as to the defense of performance

A. The gist of the Defendant’s assertion was that the Defendant repaid KRW 19450,00 to the Plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3, the Defendant may recognize that the Defendant repaid a total of KRW 1,9450,000 to the Plaintiff from February 9, 2017 to May 4, 2017. In the instant case where no evidence exists to prove otherwise that the Plaintiff and the Defendant agreed on the interest of the said loan, the amount of the Defendant’s repayment was fully appropriated for the principal of the said loan.

I would like to say.

Therefore, the defendant's defense of repayment is reasonable, and the loan that the defendant is liable to pay to the plaintiff is 3,550,000 won [= The loan amounting to 5,00,000 won (the plaintiff is 50,000,000 won out of the loan specified in the above written statement on the premise that the defendant partially repaid the loan). Thus, in calculating the remaining loan after the defendant's repayment, it is based on the loan specified in the above written statement.

- 19,450,000)

3. In conclusion, the Defendant is the Plaintiff’s obligation to perform the payment order from January 3, 2018, following the day when the original copy of the instant payment order was served on the Defendant, which was set out in the above 3550,000 won and the following day after the due date set forth in the above 3550,000 won

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