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(영문) 대구지방법원 2016.12.20 2016가단6177
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) 1,534.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The assertion;

A. The plaintiff (the cause of the plaintiff's claim) is KRW 3.4 million from the defendant on February 6, 2006, and the same year.

4.8. 8. 1.7 million won was borrowed without fixing interest and the due date for repayment, and the defendant continued to pay the principal and interest to the defendant in excess of 9.2 million won as a result of continuing to pay the principal and interest to the defendant, and the defendant has a duty to return it

B. The defendant (the defense against the principal lawsuit and the counterclaim) is the defendant, ① to the plaintiff on February 6, 2006, ② to the plaintiff on the same year.

2. 17. 9 million won, 3. The same year.

3. 7.2 million won, 4. The same year.

4. 8.2 million won each interest rate of 1.5%, interest for one month shall be paid in advance, and interest for three months shall be paid in advance, and each loan shall have been made within three months from the date of the loan. At the same time, the Plaintiff asserts that all of the principal and interest of each of the above loans have not been repaid, and at the same time, the Plaintiff claims 20,116,076 won and damages for delay for which the due date has arrived at the total amount of the principal and interest of 6.9 million won which have not been paid and damages

2. Determination

A. The following facts may be acknowledged in full view of the absence of dispute between the parties to the facts of recognition, or the statements in Gap evidence Nos. 1 to 8, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), each fact inquiry results with respect to Daegu Bank, and the overall purport of the arguments.

1 The defendant, ① 4 million won on February 6, 2006, ② the same year to the plaintiff.

2. 17. 9 million won, 3. The same year.

3. 7.2 million won, 4. The same year.

4. 8.2 million won each interest rate of 1.5% and interest rate of one month shall be paid in advance, and 3.4 million won, 770,000 won, 17.7 million won and 1.7 million won were paid on each of the above lending days, setting the due date as three months from the lending date.

2) The Plaintiff paid the same amount as the amount of repayment on the date of each repayment indicated in the separate sheet of calculation of appropriation amount to the Defendant. (B) On May 16, 2006, the Plaintiff determined on the assertion regarding the agreement on the termination of debt around May 16, 2006 and the Defendant around May 16, 2006.

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