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(영문) 춘천지방법원 2019.11.20 2018나52911
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The gist of the Plaintiff’s assertion was as follows: (a) from October 9, 2009 to December 4, 2014, the Plaintiff loaned KRW 54,064,000 to the Defendant totaling KRW 17 times during the period from October 9, 2009 to December 4, 2014.

The Defendant repaid to the Plaintiff KRW 21,748,420 ( KRW 1.5 million as of February 9, 2010 + KRW 12,748,420 as of May 31, 201 + KRW 1.5 million as of August 17, 2010 + KRW 1.5 million as of November 22, 201 + KRW 5 million as of May 13, 201).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 32,315,580 (=54,064,00 - KRW 21,748,420) and KRW 10,500,000,000 on October 9, 2009, KRW 10,500 on September 7, 201, KRW 350,000,000 on March 24, 201, KRW 36.16.5 million on March 31, 201, KRW 16.5 million on March 31, 201, KRW 16.5 million on April 15, 201, KRW 16.5 million on March 16, 201, KRW 16.5 million on April 26, 2015.

2. Determination as to the cause of action

A. In light of the respective descriptions and the overall purport of the pleadings as stated in Gap evidence Nos. 2, 3, and 5 (including a serial number if there is no separate indication; hereinafter the same) and the part of the loan alleged by the plaintiff, it is recognized that the plaintiff lent a total of KRW 24,70,000 to the defendant as indicated in the following table.

In regard to this, the defendant alleged that he did not borrow 5 million won on October 9, 2009 (the loan Nos. 1). However, the entries in the evidence Nos. 6, 7, and 15 alone are insufficient to reverse the above recognition and to recognize the defendant's assertion, and there is no other counter-proof.

(The defendant asserts the same purport in this Court, but did not appeal against it). Therefore, the defendant shall, unless there are special circumstances, not appeal against it.

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