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(영문) 서울남부지방법원 2019.06.14 2018가단249814
대여금
Text

1. The Defendant’s KRW 5,158,00 for the Plaintiff and 5% per annum from May 8, 2019 to June 14, 2019.

Reasons

1. The plaintiff asserted that the plaintiff added KRW 3,00,000 to the withdrawal column of Nos. 20 in the table Nos. 20 in the annexed sheet Nos. 1, and that the "48,802,800" in the last column is an error of "461,802,800 won" in the last column, and thus the correction is made. As above, the plaintiff lent KRW 461,802,80 to the defendant as stated in the annexed sheet Nos. 2, and only paid KRW 395,42,00 as stated in the annexed sheet No. 2, the defendant claimed that the plaintiff should pay the amount as stated in the claim and delay damages.

In this regard, the defendant asserts that the amount of the loan which has the financial transaction details is recognized, but it cannot be recognized as to the loan made in cash, and that there is a portion of the loan made in cash more than five times.

2. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 1 through 6 and all of the arguments, it can be acknowledged that the plaintiff extended a total of KRW 450,600,000 to the defendant, as shown in the table in attached Table Nos. 2 through 6, 8, 15, 28, 29, 49, 52, 74, as shown in the table in attached Table Nos. 2 and 6, 2018 to August 10, 2018, the defendant paid a total of KRW 395,60,000 to the plaintiff as shown in the table in attached Table Nos. 2.

(A) As to the Plaintiff’s lending of KRW 11,20,80 in cash to the Defendant as indicated in the table Nos. 2 through 6, 8, 15, 28, 29, 49 through 52, and 74, the Plaintiff’s assertion on the above part is without merit, and there is no other evidence to acknowledge it. The Plaintiff’s assertion on the above part is without merit. The Defendant’s assertion on the date of repayment and amount of payment is without merit. Likewise, the Defendant’s assertion is not accepted. Accordingly, the Defendant’s remainder of the loan principal (i.e., KRW 450,600,000 - KRW 395,42,00) and its delivery on the following day from May 8, 2019.

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