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(영문) 서울동부지방법원 2016.06.24 2015가단47380
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 58,218,464 and KRW 48,218,464 from December 3, 2015 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the entire pleadings, the Plaintiff’s loan to the Defendant: (a) KRW 50 million on July 12, 2010; (b) six months after the due date for payment; (c) KRW 1.5 million on a monthly basis; and (d) KRW 1.5 million on October 16, 2013; and (b) lent KRW 10 million on a monthly basis without the due date for payment.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above loans of KRW 60 million, interest and delay damages.

As to the defendant's defense, the defendant argues that most of the above borrowed money remains unpaid, and that the defendant is only five million won out of the loan.

The fact that the Plaintiff received repayment of KRW 20 million around August 2013 is no dispute between the parties.

However, in the attached Table, the performance shall be deemed to have been made on August 15, 2013 for the convenience of calculation.

According to each entry in B-3, the Defendant may recognize that the Plaintiff has repaid KRW 51,641,00,00 in total, from August 11, 2010 to May 6, 2015, such as the statement in the “payment date”, “payment amount”, and “total amount” in the attached Table.

However, according to Eul 2's statement, the defendant may recognize the fact that the defendant remitted 450,000 won to the account of the plaintiff's father's father's father's husband's husband's husband's husband on July 12, 2010, but the above date is the date of the formation of the loan certificate of Gap 3. Thus, the above money cannot be deemed to have been paid to the borrower's borrower's interest based on the loan certificate of Eul 3. Thus, it

In addition, according to the statements in Eul 1-3, the defendant can recognize the fact that the defendant remitted each payment to the accounts in the name of C, D, E, and the former Minor Offenses Monitoring Group, and all the above money is regarded as repayment to the defendant.

The above KRW 71,641,00 (i.e., KRW 51,641,000), and KRW 51,641,00 for the Plaintiff’s Defendant prior to the due date (i.e., KRW 51,641,00), if the Defendant fully pays the principal and interest of the loan to the Defendant, as shown in the attached Table, and KRW 1 as of May 6, 2015, the principal and interest of the Defendant’s Plaintiff remains as of KRW 68,3

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