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(영문) 광주지방법원 2018.02.21 2017가단17202
대여금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from March 13, 2014 to July 18, 2017.

Reasons

1. Basic facts

A. On October 30, 200, the Plaintiff: (a) on October 30, 200, lent the amount of KRW 60,000 (hereinafter “instant loan”) to the Defendant at the interest rate of KRW 1.2% per month without the due date agreement.

B. On June 25, 2001, the Defendant repaid the Plaintiff the principal amount of KRW 20 million with respect to the instant loan.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above recognition of the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid principal amount of KRW 40 million and damages for delay, except in extenuating circumstances.

B. The defendant's assertion 1) The defendant alleged as a collateral blood relative within the eighth degree of business and borrowed 60,000 won to the plaintiff, but did not enter into an agreement on interest, and he paid 2,9140,00 won as principal over 69 times from November 29, 200 to February 23, 2014, and 20,000 won as principal on June 25, 2001, the principal to be paid to the plaintiff remains 1,0860 won as principal (60,000 won - 20,000 won - 2,9140,00 won as principal) and only 2,000,000 won as interest paid to the plaintiff. Thus, there is no dispute over whether the defendant paid 29,000 won to the plaintiff through the above agreement between November 29, 200 to February 23, 2014.

In light of the following circumstances, the Defendant, from November 29, 200 to June 25, 2001, omitted the transfer of KRW 720,000,000 to the Plaintiff on six occasions, and on January 25, 2001 and March 25, 2001, remitted the principal amount of KRW 20,00,000 to the Plaintiff.

B. The remittance was made on the instant loan amounting to 1.2% per month, and the Plaintiff’s above 720,000.

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