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(영문) 인천지방법원 2018.01.11 2017나5587
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In full view of the purport of the entire arguments in Gap's judgment as to the cause of the claim, the plaintiff must hear from the defendant that the plaintiff would repay the amount of KRW 50 million to the account in the name of the defendant's his/her father on February 27, 2009, and can be acknowledged that the plaintiff remitted the amount of KRW 50 million to the account in the name of C, which is his/her father and wife.

Meanwhile, the Plaintiff received reimbursement of KRW 30 million from the Defendant on April 3, 2009, including KRW 20 million, and KRW 10 million on June 4, 2009.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 20 million (i.e., KRW 50 million - KRW 30 million) and damages for delay calculated at the rate of 15% per annum from November 29, 2016 to the day of full payment, which is the day following the delivery date of the original payment order, sought by the Plaintiff after the due date.

2. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.

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