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(영문) 서울중앙지방법원 2017.11.28 2017가단5071082
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from April 14, 2017 to November 28, 2017 to the Plaintiff.

Reasons

1. The Plaintiff, known to the Plaintiff, lent a total of KRW 147,50,000 as indicated in the table 1 below to the Defendant, who was aware of the cause of the instant claim. Since the Plaintiff was reimbursed a total of KRW 30,000,000 as indicated in the table 2, the Plaintiff sought payment of KRW 117,50,000, which is a part of the 117,500,000, which is the difference, as part of the claim.

In a monetary loan contract, the agreement of interest is not necessarily accompanied, but the plaintiff does not claim that there was an agreement of interest.

On December 3, 2004, 100 won 60,000 won on December 19, 2008; 3.20,000 won on February 17, 2009; 50,000 won on July 27, 2009; 50,00 won on May 30, 200, 6. 30,000 won on June 6, 200, 200, 6. 30,000 won on August 5, 200, 200, 6. 10,000 won on July 19, 200, 19:

2. Determination

A. On December 3, 2004, the Plaintiff’s judgment on the cause of the claim is insufficient to acknowledge it solely on the health account of whether the Defendant lent KRW 60 million (Nos. 1 and 6) to the Defendant as it is necessary to pay money to the Defendant in the Incheon Public Aviation (No. 1) and the statement of evidence No. 6, and there is no other evidence to acknowledge it.

The plaintiff's assertion on this part is without merit.

Meanwhile, the fact that the Plaintiff lent 87,50,000 won to the Defendant on each lease date stated in Table 1, with the exception of the above money, does not conflict between the parties, or that the Plaintiff was paid 30,000,000 won by considering the overall purport of the pleadings, and barring any special circumstance, the Defendant is liable to pay 57,50,000 won and damages for delay to the Plaintiff, barring any special circumstance.

B. The defendant's assertion and judgment 1.

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