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(영문) 광주지방법원 2018.02.14 2017나2355
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The fact that the Plaintiff determined on March 23, 2015 as the due date for repayment and lent KRW 10 million to the Defendant on September 23, 2015 is no dispute between the parties.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 10 million and damages for delay.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant repaid to the Plaintiff the sum of KRW 5.1 million (i.e., KRW 1.., KRW 1.6 million, ② KRW 3.15 million) as follows.

① An amount paid in cash from the end of April 2015 to October 2015: 1.6 million won (2) to the Plaintiff’s bank account from June 11, 2015 to November 19, 2015: KRW 3.150,000; and

B. 1) According to the purport of Gap evidence 3 and 4- Each of the above statements and arguments, i) from June 1, 2015 to November 19, 2015, total of 3.15 million won from the defendant's agricultural cooperative account (Account Number: D) to the plaintiff's bank account (i.e., total of 1. 6 million won on June 11, 2015, total of 4.4 million won on July 23, 2015, total of 1.45 million won on July 23, 2015, and total of 1.45 million won on August 25, 2015 (i.e., KRW 16.4 million on August 26, 2015), the defendant's total of KRW 16.4 million on April 26, 2015, respectively, is recognized to have been delivered to the plaintiff on August 24, 2015.

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