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(영문) 춘천지방법원 2016.06.16 2015가단8097
대여금
Text

1. The Defendant: (a) KRW 25,580,000 to the Plaintiff; and (b) KRW 5% per annum from November 13, 2015 to June 16, 2016 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments as to Gap evidence 1-1 to 5, and there is no counter-proof.

The defendant has borrowed money from the plaintiff since 2006.

B. The amount that the Plaintiff remitted to the Defendant is KRW 143,90,000 in total as shown in the attached Table 1.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the amount of KRW 112,60,000, excluding the amount of KRW 10,000,000, excluding the amount of KRW 10,000,000 among the amount listed in attached Table 1, and the amount of KRW 29,750,00,000, out of the amount listed in attached Table 1, was leased to the defendant. The plaintiff's assertion that the plaintiff

(The plaintiff stated that the amount of 11,300,000 won deposited to C is included in the loan to the defendant, but on January 29, 2006, the amount deposited to C is not lent to the defendant. In this regard, the defendant asserts that the amount of 19,300,000 won in attached Table 8 is the amount loaned to D by the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in the statement No. 6-2 and No. 6-3, D, as of July 14, 2006, prepared a loan certificate with a loan certificate of KRW 10,000,000 and KRW 7% per annum, and D, as of July 14, 2006, borrowed KRW 10,000 from the Defendant in the response to the loan lawsuit filed by the Plaintiff against D, and the creditor stated that he was the Plaintiff, while preparing the loan certificate, there is no counter-proof.

In full view of the above facts and the above facts, the defendant borrowed 12,60,000 won from the plaintiff, excluding 10,000,000 won among the amount listed in the No. 1,2,10 of the amount listed in the attached Table 1 and 8 of the amount listed in the attached Table 1, and the amount which the plaintiff received 29,750,000 won from the plaintiff. Thus, the defendant deducted the amount that the defendant paid to the plaintiff from the loan amount of 112,60,000 won, barring special circumstances.

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