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(영문) 서울중앙지방법원 2015.06.05 2014가합52235
대여금 등
Text

1. The Defendant’s KRW 180,200,000 as well as 5% per annum from September 23, 2014 to June 5, 2015 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. From February 5, 2007, the Plaintiff continued a large number of monetary transactions with the Defendant from around February 5, 2007. As of June 13, 201, the Defendant assumed a total of KRW 375,200,000 against the Plaintiff.

B. On June 17, 201, the Defendant repaid the Plaintiff KRW 20,000,000 out of the above loan debt, and around July 2011, the Defendant prepared and issued a written confirmation (Evidence A 1) to the Plaintiff that “The Plaintiff confirms that the loan amount is KRW 355,200,000,000,” but thereafter, the Defendant did not repay the remainder of the loan debt to the Plaintiff up to the next day.

C. Meanwhile, around April to May 5, 2011, the Defendant prepared and delivered four copies of the Notarial Deed on Money Loan Agreements to the Plaintiff, stating that “A total of KRW 155,000,000 was borrowed from the Plaintiff,” respectively, on four occasions.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 180,200,000 with the remainder of KRW 355,200,000, excluding the remainder of KRW 155,000,000 as stated in each of the above notarial deeds.

2. Determination:

A. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3, 6, and Eul evidence Nos. 1 through 4 (including each number, if any), the plaintiff prepared a written confirmation (hereinafter "written confirmation of this case") between the defendant and the defendant around July 201 while continuing a large number of monetary transactions with the defendant from December 2003, and the written confirmation of this case contains the following contents: "No. 1 to 20, respectively, and the corresponding amount, and the corresponding amount." The defendant stated in the written confirmation of this case that "B above amount is confirmed"; while the defendant borrowed 30,000,000 won from the plaintiff on April 5, 2011, "No. 201,000 won from the plaintiff" (No. 281).

8. 40,000.

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