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(영문) 대구지방법원 2018.07.12 2017나6434
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 3 of the judgment on the cause of the claim and the entire pleadings, it is recognized that the plaintiff extended a loan to the defendant on May 6, 2014 by setting the maturity of ten million won on January 6, 2014 without interest, and lent a loan to the defendant as of May 6, 2015, and on January 27, 2015, KRW 10 million and KRW 4 million on January 9, 2016 without setting the interest and the maturity of payment.

According to the facts established above, the Defendant is obligated to pay the Plaintiff the total amount of KRW 24 million (i.e., KRW 10 million as of January 6, 2014; KRW 10 million as of January 27, 2015; KRW 4 million as of January 9, 2016; KRW 10 million as of January 6, 2014 as of January 7, 2014; and KRW 50 million as of May 7, 2014 as of May 25, 2017, the delivery date of a copy of the complaint of this case; KRW 15% as of April 27, 2015; KRW 10 million as of January 27, 2015; and KRW 10 million as of January 16, 2015; and KRW 4 million as of January 27, 2016; and KRW 4 million as of the date of delivery of a copy of the complaint of this case.

2. Judgment on the defendant's assertion

A. On January 27, 2015, the Defendant asserted the extinguishment of KRW 10 million upon the payment of a rank, the Defendant agreed to borrow KRW 10 million from the Plaintiff on January 27, 2015 and, on August 27, 2016, to the effect that, if all of the fraternitys are paid without paying the unpaid amount, the above borrowed amount shall be extinguished by the lapse of KRW 10 million. The Defendant:

The claim is asserted that the amount of KRW 10,000,000 as of January 27, 2015 is not remaining because of set-off of the claim for wages, or by means of cash payment or remittance from January 2015 to August 2016.

According to Gap evidence No. 2, the defendant on January 27, 2015.

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