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(영문) 의정부지방법원 2015.02.13 2014나12943
대여금
Text

1. Of the judgment of the court of first instance, KRW 9,139,370 against the Plaintiff and the Plaintiff’s objection thereto from September 25, 2003 to February 13, 2015.

Reasons

1. Examining the purport of the entire pleadings in the statement of evidence No. 1 of the judgment as to the cause of claim No. 1, the Defendant recovered the bill issued by C from the Plaintiff on June 10, 2003, while paying KRW 15,000,000 to the Plaintiff, on which the Plaintiff shall be paid KRW 1,100,000 among them until June 30, 2003; KRW 4,000,000 for the remainder of the pleadings.

7. It may be recognized that an agreement to pay by up to 30.

Therefore, the defendant is obligated to pay the plaintiff the total sum of KRW 1,500,000 and damages for delay, unless there are special circumstances.

2. The defendant's judgment on the defense from August 9, 2003 to the plaintiff for the same year.

9. The defendant's defense that he paid 6,00,000 won in total until 24. Thus, the health team and Eul's evidence No. 1 collected the purport of the whole pleadings, and the defendant's assertion that he paid 6,00,000 won to the plaintiff on August 9, 2003, the same year

8.13. 500,000 won, and the same year.

8. 21.1,000,000 won, and the same year.

9. 10.50,000 won, and the same year.

9. The repayment of the total of KRW 6,000,000 may be recognized as having been effected respectively; and

On the other hand, each of the above repayment amounts is insufficient to fully repay the above agreed repayment amounts, and there is no evidence of assertion between the plaintiff and the defendant on the agreement of the above repayment amounts or on the designated appropriation, each of the above repayment amounts must be appropriated in the repayment order of the principal and interest of the defendant pursuant to Article 479 (1) of the Civil Code. Accordingly, the details of such appropriation are as stated in the calculation table of appropriation amount in attached Form. Accordingly, as of September 24, 2003, the payment amount of KRW 5,860,630 out of the interest amounts and principal amounts until the time when the payment was made, and accordingly, the defendant's defense is justified.

3. In conclusion, the Defendant’s objection to the existence and scope of the duty to perform as to the Plaintiff’s unpaid principal amounting to KRW 9,139,370 as stated in the lower portion of the calculation table of the attached amount to be appropriated (the principal) and its final repayment date following the date of September 25, 2003, which is the date of the final repayment, shall be determined by the Civil Act until February 13, 2015, which is the date of the final decision of the court of first instance.

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