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(영문) 서울동부지방법원 2019.11.27 2019가단120238
대여금
Text

1. The Defendant’s KRW 50,230,00 and the Plaintiff’s annual rate of KRW 5% from May 20, 2019 to November 27, 2019, respectively.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 and 2 (including each branch number in the case of additional numbers), the Plaintiff loaned KRW 52,00,000 to the Defendant six times from September 12, 191 to November 11, 192; the Plaintiff received KRW 52,00,000 from the Defendant on September 28, 2012; the Plaintiff received KRW 1,000,000 on November 8, 2012; and KRW 10,000 on November 27, 2013; KRW 10,000 on January 10, 2014; and KRW 170,000 on September 25, 2014; and KRW 1,70,000 on September 25, 2014.

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) lent a total of KRW 52,00,000 to the Defendant. The Defendant paid a total of KRW 1,770,000 as interest, and the Defendant asserts that the Defendant is liable to pay KRW 52,00,000 to the Plaintiff unpaid loans. 2) The Defendant asserts that the Defendant had the obligation to pay the Plaintiff the bills and checks, but that the statute of limitations has expired.

B. According to the above evidence, the defendant borrowed 10,00,000 won as the case of a promissory note as of September 12, 1991; 10,000,000 won as of October 11, 1991; and 2,000,000 won as of November 8, 1991; and thereafter, borrowed 10,000,000 won as of January 22, 1992 as of January 22, 199; 10,000,000 won as of January 22, 199; and 10,00,000 won as of January 11, 1992; and thus, the defendant can be deemed to have delivered to the plaintiff each of the above loan receipts with the purport that the debt amount as of November 11, 1992 should be paid to the plaintiff; and thus, the defendant cannot be paid the debt amount as 10,500,0000 won as to the above loan receipts.

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