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(영문) 대구지방법원 2016.09.13 2015나19863
구상금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff lent KRW 25,385,00 to the Defendant, as shown in the separate sheet, and deducted KRW 18,763,20,00 as claimed by the Defendant from the above loan in accordance with the method indicated in the separate sheet of appropriation for interest, the Plaintiff has the obligation to pay the Plaintiff the above KRW 12,29,435 and the delay damages, since the interest on the loan remains at all as of September 28, 2014.

B. The plaintiff alleged by the defendant did not lend additional money to the defendant other than the amount set forth in the attached Form Nos. 1 and 2, and since the defendant repaid KRW 18,763,200 to the plaintiff as the principal and interest of the above loan, there is no more money to be paid to the plaintiff.

2. Determination

A. 1) Determination as to the amount loaned by the Plaintiff to the Defendant: (a) The amount indicated in the “loan” column Nos. 1 and 2, which is the amount indicated in the [Attachment Table No. 1 and 2] to the Defendant is determined and lent to the Defendant as stated in the “interest and Period for Repayment” column; (b) the amount indicated in the [Attachment Table No. 3 through 9] is either disputed between the parties, or may be recognized by the statement No. 1 and 2; and (c) further, the Plaintiff’s additional loan Nos. 3 through 9 is acknowledged by the following circumstances: (a) whether the Plaintiff extended the amount indicated in the “Loan” column Nos. 3 and 9 to the Defendant; (d) whether the Plaintiff additionally lent the amount indicated in the [Attachment Table No. 3 and 6] to the Defendant, the statement in [Attachment No. 1 and 2], and the purport of the testimony and arguments of the witness C at the trial; and (e) the Plaintiff claimed that the Plaintiff paid KRW 18,763, and 2000.5.5.

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