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(영문) 의정부지방법원 2017.09.15 2016가단123495
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from October 28, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On December 26, 2014, the Plaintiff leased KRW 48,000,00 (hereinafter “instant loan”) to the Defendant on April 25, 2015 by setting the period of repayment as 1% per interest month and April 25, 2015 may be recognized either as having no dispute between the parties, or as a whole by taking into account the purport of the entire pleadings as stated in the evidence Nos. 1 and Nos. 2-1. Meanwhile, the Plaintiff received KRW 4,00,000 from the Defendant on May 14, 2015.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of the principal amount of KRW 44,00,000 among the instant loans and 15% interest per annum from October 28, 2016 to the date of full payment, as the Plaintiff seeks.

B. As to this, the Defendant asserts to the effect that “The instant loan was repaid in full by remitting KRW 6,00,000 to the account under the name of June 5, 2015, and then remitting KRW 6,000,000 to the account under the name of C, and then remitting KRW 12,00,000 on July 15, 2015, and KRW 23,000,000 on January 7, 2016.”

According to the evidence No. 2 (including paper numbers), the defendant may be found to have remitted the sum of KRW 47,000,000 to the accounts in the name of B and C four times from June 5, 2015 to January 7, 2016. However, the above facts alone are insufficient to recognize that the money remitted by the defendant as above is the cause of repayment for the loan of this case, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is rejected.

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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