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(영문) 창원지방법원 2017.03.28 2016나56407
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is followed by paragraph (1).

Reasons

1.The following facts may be acknowledged in accordance with the respective entries and arguments of Gap 1, 3, Eul 1, and two (including paper numbers), or in accordance with the purport of the whole pleadings:

On August 30, 2014, the Plaintiff remitted total of KRW 6 million and KRW 11.5 million to the Defendant’s account from the Defendant’s account managed by the Plaintiff.

B. On October 13, 2014, the Defendant remitted KRW 10 million to the account of the above C.

C. On December 26, 2015, the Plaintiff and the Defendant deposited KRW 33,00,000,000 from the Plaintiff’s account to the Defendant’s account rather than the deposit of KRW 33,00,000 in the Plaintiff’s account. If the Plaintiff’s personal money is not a seller of the Austria, the Defendant paid the remainder of KRW 20 million to the Plaintiff. If the Plaintiff’s personal money is not a seller of the Austria, the Plaintiff shall compensate the Plaintiff for KRW 10,000,000 to the Defendant. The confirmation method of confirmation and confirmation method, and confirmation of the seller of the Austria was confirmed. If this fact is confirmed, the Plaintiff shall return payment within 30 days to the Defendant and shall be recognized without reaching any civil objection (hereinafter “each of the instant documents”).

2. Summary of the parties’ assertion

A. On August 7, 2014, the Plaintiff provided a cash of KRW 18.5 million to the Defendant at the Defendant’s request that the purchase price of the Plaintiff was needed. On August 30, 2014, the Plaintiff lent KRW 30 million in total to the Defendant’s account and lent KRW 11.5 million to the Defendant’s account. The Defendant paid KRW 10 million on October 13, 2014.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the loan 20 million won and delay damages.

B. The Plaintiff called the Defendant’s request by the distributor, and thus, requested the Defendant to import the Oralone. Accordingly, on August 16, 2014, the Defendant imported the Oralone in China.

The 11,50,000 won remitted from the Plaintiff on August 30, 2014 is part of the Oralian price, and it is additionally 1.5 million won.

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