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(영문) 부산지방법원 2017.07.18 2016가단52452
대여금
Text

1. As to KRW 51,704,898 and KRW 49,176,710 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 51,704,89 and KRW 2,528,188.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. Comprehensively taking account of the overall purport of evidence Nos. 2 through 6, 17, and 18 (including any of the pertinent numbers) and the purport of the pleading, the Plaintiff is an overseas Korean residing in Russia, and the Plaintiff entered the Republic of Korea around September 201 and was employed as an employee in the “C” of the intermediate waste treatment company located in Dongbcheon-si operated by the Defendant from around September 2011; ② the Plaintiff loaned KRW 61,176,710 as indicated in the attached list to the Defendant’s business funds, etc. from March 2013 to September 2015; ③ the Plaintiff transferred the above loans to the Defendant on September 3, 2014, KRW 2,500 (limited to USD 2,528,188, and KRW 300,000, KRW 200, KRW 300,000). Meanwhile, the Plaintiff continued to borrow the loans from the Plaintiff on March 4, 2015.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 61,704,898 won (2,528,188 won) calculated by subtracting the amount of 2,00,000 won repaid from the total amount of 63,704,898 won (61,176,710 won) and damages for delay.

2. Judgment on the defendant's defense dispute

A. As to the assertion of repayment, as shown in the attached Table 1 to Table 7 of the argument regarding the claim for repayment, ① the amount that the principal transfers to the plaintiff or his father’s father’s father or his father’s father or his father’s father’s mother transferred to the plaintiff’s father or his father’s father or paid in cash is more than the amount that the plaintiff lent to the defendant as KRW 11,80,000 in total. Therefore, the claim for the loan of this case is justified.

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