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(영문) 수원지방법원성남지원 2015.11.18 2015가단7083
대여금
Text

1. The Defendant amounting to KRW 25 million to the Plaintiff and the Plaintiff’s 20% per annum from February 11, 2015 to September 30, 2015.

Reasons

1. The Plaintiff lent a total of KRW 25 million to the Defendant from September 4, 2014 to September 6, 2014.

(C) In accordance with the facts that there is no dispute, Gap evidence 1, the defendant is obligated to pay the plaintiff a loan of KRW 25 million and delay damages.

2. The Defendant asserts that, on October 24, 2014, the loan was repaid to C when remitting KRW 150 million to C, and that C wired KRW 25 million to the Plaintiff on October 27, 2014, the said loan was repaid.

However, the above KRW 150 million was paid as the price for construction work under the contract with C, and C, in relation to the construction work under the said contract, remitted KRW 25 million to the Plaintiff as the repayment of KRW 58 million borrowed from the Plaintiff (including KRW 53 million borrowed from May 9, 2014 to October 14, 2014 and interest thereon).

The evidence submitted by the Defendant (in particular, the receipt of letter written by C, the completion of the payment of KRW 25 million to the Plaintiff’s husband, the completion of the payment of KRW 10 million to the E company, the completion of payment of KRW 28.7 million to the president of the G company, and the completion of payment of KRW 28.7 million to the president of the F company) is insufficient to acknowledge the Defendant’s assertion of payment, and there is no other evidence to acknowledge it.

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