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(영문) 서울중앙지방법원 2016.09.06 2015가단70585
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 28,050,000 and the interest rate of KRW 15% per annum from November 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff remitted total of KRW 410,50,000 to the Defendant from December 10, 2004 to September 5, 2005, as indicated below [Attachment 1].

[Attachment 1] An amount of 5 million won 4.4 million won 5 million won on December 10, 204 12.5 million won on May 10, 2005 13.2 million won on June 2, 2005 3,50 million won on June 2, 2005 3.5 million won on June 2, 2005 4.5 million won on June 9, 2005 4.5 million won on June 5, 2005 1.5 million won on June 5, 2005 1.5 million won on June 5, 2005 1.5 million won on June 5, 2005 1.5 million won on June 5, 2005 1.5 million won on June 1, 2005 1.5 million won on June 5, 2005 1.5 million won on June 5, 2005

B. The Defendant remitted total of KRW 13 million to the Plaintiff from August 6, 2005 to June 8, 2006, as set out in the following [Attachment 2], to the Plaintiff.

[Attachment 2] The fact that the amount from the date of remittance Nos. 100 million won from the date of remittance No. 6 of Aug. 6, 2005 was KRW 6 million on Feb. 14, 2006, KRW 7 million on Oct. 14, 2006; KRW 1 million on Oct. 11, 2006; KRW 8 million on Apr. 10, 2006; KRW 4 million on Apr. 10, 2006; KRW 9 million on Dec. 12, 2005; KRW 5 million on May 10, 2006; and the purport that there was no ground for dispute over Gap’s entire pleading No. 1 million on Oct. 16, 2006; and each of the grounds for appeal No. 1 million on Oct. 16, 2006

2. The parties' assertion

A. The Plaintiff transferred to the Defendant the above [Attachment 1] Nos. 3, 5 through 19, 21, and 22, the sum of KRW 3050,000 as loans, the sum of KRW 1,2, and KRW 7.5 million as loans, and the sum of KRW 1, 2, and 4 as loans, [Attachment 1] Nos. 20 and KRW 3 million as loans, respectively.

around September 2015, the limits operated by the defendant were strikeed by the defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 28 million after deducting the total amount of KRW 13 million already paid from the total amount of the above loan, the repayment amount, and the deposit amount of KRW 4,1050,000,000 as stated in the [Attachment 2].

B. The defendant is the defendant's fraternity.

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