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Reasons
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(영문) 대전지방법원 2016.04.12 2013가단220224 (1)
정산금반환 채무부존재확인의 소
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1. The Plaintiff (Counterclaim Defendant) paid KRW 32,510,000 to the Defendant (Counterclaim Plaintiff) and the amount from April 30, 2015 to April 12, 2016.

Reasons

We examine both the principal lawsuit and the counterclaim.

1. Facts of no dispute and the fact that the defendant is the person;

A. The Defendant lent KRW 80,00,000 to the Plaintiff on January 28, 2007, the Plaintiff lent KRW 131,30,000 in total to the Plaintiff from February 28, 2007 to July 1, 201, and the Defendant lent KRW 26,00,000 in the construction cost of D to the Plaintiff. The Defendant’s loan to the Plaintiff is KRW 237,30,000 in total (hereinafter “the instant loan”), and the amount is 237,300,000 in total (hereinafter “the instant loan”).

B. The Plaintiff paid the Defendant KRW 189,00,000,000, in total, interest on the instant loan by August 201.

C. The Defendant received a total of KRW 119,410,000 from April 18, 2007 to October 9, 2012 as repayment of the principal and interest of the instant loan.

The Defendant received 7,480,000 won as the repayment of the principal and interest of the instant loan through E and F.

E. In order for the Defendant to repay KRW 80,000,000 borrowed from C, the Plaintiff paid KRW 80,000,000 to C on December 7, 2011, and KRW 20,000,000 on February 2, 2012.

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's principal claim against the defendant is 188,848,520 won in construction and material cost claim against C, 92,00,000 won paid to C, 119,410,000 won in the defendant's account, 14,40,000 won in the defendant's account on behalf of the defendant, and 14,40,000 won in the defendant's unpaid settlement with the defendant's credit card, and 9,353,371,520 won in the amount of 9,353,000 won in the plaintiff's credit card, and 425,371,520 won in the loan's principal and interest with the defendant's credit card. Thus, the plaintiff's debt against the defendant is no longer remaining. 2) The defendant's counterclaim was paid by the defendant to the defendant's 315,176,000 won in total from the plaintiff's account.

Therefore, this case.

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