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(영문) 전주지방법원 2020.07.22 2018나8494
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. Basic facts

A. Won and the defendant are siblings.

The Plaintiff lent the total amount of KRW 92,520,000 to the Defendant, KRW 40,000,000 on December 21, 2009, and KRW 92,520,00 on February 21, 2010, to the Defendant’s account, under the name of the Defendant’s E incorporation cost.

(hereinafter referred to as “instant loan”) b.

From March 2010 to June 2014, the Defendant deposited KRW 550,000 to the Plaintiff’s account from the first bank account of each month to the Plaintiff’s account.

(The defendant paid KRW 500,000, not KRW 550,000, or KRW 600,000, not KRW 550,000.

The Plaintiff and the Defendant’s mother transferred KRW 50,000 on August 1, 2014 to the Plaintiff’s account from the Plaintiff’s account (hereinafter “instant account”) and KRW 50,000 on September 1, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant lent a total of KRW 92,520,000 to the plaintiff, and the interest thereon is deemed to have been agreed at KRW 550,00 per month (the interest that the defendant paid to the plaintiff by the defendant on an average of KRW 550,000 per month is deemed to have been at an average of KRW 550,000 per month, and the defendant does not have any particular dispute over the amount of the above agreement). Therefore, the defendant is liable to pay to the plaintiff the agreed interest calculated at the rate of KRW 92,520,000 per month from November 1, 2014 to the date of full payment after the date of the monthly payment of interest thereon, as sought by the plaintiff.

3. Judgment on the defendant's defense

A. The gist of the claim is that the Defendant repaid all the Plaintiff’s debt owed to the Plaintiff by depositing KRW 90,000,000 in the instant account on June 24, 2014, KRW 20,000,000 on June 25, 2014, and KRW 40,000,000 on July 31, 2014.

B. According to the statement No. 3 of judgment No. 3, the defendant of this case.

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