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(영문) 부산지방법원 2019.08.14 2018가단6392
대여금
Text

1. The Defendant: (a) KRW 21,700,000 for the Plaintiff and KRW 15% per annum from February 27, 2018 to May 31, 2019; and (b).

Reasons

The fact that the Plaintiff lent KRW 40,000,000 to the Defendant on December 6, 2016, and KRW 10,000,000 on January 19, 2017, and KRW 40,00,000 on a total, is no dispute between the parties.

In addition, the fact that the Plaintiff received a total of KRW 18,300,000 from the Defendant during the period from January 6, 2017 to December 12, 2017 is the Plaintiff.

(Other, the facts that there was an agreement to pay interest, and the ratio of the agreement are insufficient to acknowledge it only by the entries in the evidence No. 1-4, and there is no other evidence to acknowledge it otherwise). The defendant defense that the defendant repaid the above loan to the plaintiff by means of remittance and cash twice payment. However, with respect to the fact that the plaintiff repaid the above amount exceeding KRW 18,30,000 to the plaintiff, it is insufficient to acknowledge it only by the entries in the evidence No. 1-4, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense cannot be accepted.

Therefore, the Defendant is obligated to pay the remainder of the loans 21,700,000 won (=40,000,000-18,300,000 won) that the Plaintiff seeks, as well as damages for delay calculated at the rate of 15% per annum from February 27, 2018 to May 31, 2019, which is the day following the delivery date of the instant payment order, and from the next day to the day of full payment.

The plaintiff's claim of this case is justified and accepted.

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