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(영문) 대전지방법원서산지원 2019.07.16 2019가단1482
대여금
Text

1. The Defendant’s KRW 31,80,000 and the Plaintiff’s annual rate of KRW 5% from March 26, 2019 to July 16, 2019.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to the statements in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 3 (including branch numbers), the Plaintiff loaned 9,00,000 won in total to the Defendant three times from April 23, 2014 to April 29 of the same month, and the Plaintiff extended 5,000,000 won in May 9, 2016, and 10,000 won in June 9, 2016, and 10,00,000,000 won in total and 0,000 won in 10,000,000 won in 0,000 won in 10,000 won in total and 00,000 won in 5,000 won in total and 10,000 won in 50,000 won in 5,000 won in aggregate from March 20, 2016 to 200,31731.

In addition, the Plaintiff asserts that KRW 1,000,000 has been lent in cash. However, it is not sufficient to recognize only the documents in subparagraphs 3 and 4, and there is no other evidence to acknowledge it.

On the other hand, the Plaintiff is a person who received reimbursement of KRW 10,000,000 from the Defendant on January 8, 2017, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the balance of the above loan amount of KRW 34,80,000,000 and delay damages.

(2) On December 13, 2016 and January 5, 2017, and February 6, 2017, the Defendant asserts that the Plaintiff’s claim that the amount of KRW 3,000,000 should be deducted from the claim amount of this case, with the Plaintiff’s new system defect.

In relation to this, the plaintiff recognizes that the deposit amount of KRW 3,00,000 is to be paid and returned, but because the money that the plaintiff lent to the defendant is to be paid and lent to a third party, the settlement should be made.

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