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Reasons
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(영문) 광주지방법원장흥지원 2019.01.09 2017가단1074
대여금
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1. The Defendant’s KRW 39,830,00 and the Plaintiff’s annual rate of KRW 5% from September 5, 2018 to January 9, 2019.

Reasons

1. Determination on the cause of the claim

A. The fact that the Plaintiff lent money to the Defendant as indicated in the following table does not conflict between the parties, or can be recognized by the entries in Gap evidence 1 (including additional numbers), the return order to submit financial transaction information to C Cooperatives, the results of the reply, and the purport of all pleadings.

On February 26, 2016, 200; 2,000,00; 1,000,000 on March 7, 2016; 2,00,00; or 2,00,00 on April 14, 2016; 3,50,000; 10,000 on June 28, 2016; 30,00 on July 50, 200; 10,000 on August 1, 2016; 20,000,00 on August 3, 201, 200; 3,00,00,00 on September 1, 20, 200; 10,00 on September 19, 200; 10,000; 10,000 on October 15, 2016;

B. The plaintiff asserts that the defendant should not pay KRW 6,00,000 to the plaintiff and the defendant should be paid since it was used by the defendant. However, this part of the claim is without merit, since there is no evidence to acknowledge the plaintiff's assertion.

C. Meanwhile, the Plaintiff is a person who received a total of KRW 13,540,000 from May 5, 2016 to November 30, 2017 as indicated below from the Defendant as the principal.

The account transfer on October 23, 2016, the payment method of which is 1,020,000 account transfer on May 5, 2016, and 2,080,000 account transfer on October 23, 2016, and on February 2, 2017, and 1,000,000 account transfer on April 29, 2017; 1,000,000 account transfer on May 27, 2017; 1,000,000 account transfer on June 30, 200, 200 account transfer on June 30, 200, 200 account transfer on July 30, 200; 1,000,00 account transfer on August 1, 300, 2000,00 account transfer on account transfer; 10,000 account transfer on October 1, 2017, 2017;

D. Therefore, barring any special circumstance, the Defendant is liable to pay the remainder of the loan amount of KRW 39,830,000 ( KRW 53,370,000-13,540,00) and the delay damages to the Plaintiff.

E. The Defendant agreed to make installment payments of KRW 1,000,000,000 each month, whichever is the end of each month, and thus remains.

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