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(영문) 청주지방법원 충주지원 2018.08.30 2017가합209
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the facts that there is no dispute over the cause of the claim, as well as the overall purport of the statements and arguments by Gap 1 and 3, it is recognized that the plaintiff loaned 246,150,000 won in total to the defendant, who was known by the introduction of Eul, over 17 times from March 10, 2015 to November 10, 2015, without fixing interest and due date, and that the plaintiff sent the defendant a content-certified mail demanding the repayment of the above loan on July 25, 2017.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of 246,150,000 won of the above loans and delay damages therefor.

Judgment on the defendant's defense

A. The defendant set up a defense that the above loans were fully repaid.

In other words, the Defendant asserted that C, a creditor of the Plaintiff, repaid the above loans amounting to KRW 175,60,500,50,000 among the above loans, by remitting KRW 175,60,50 on a total of nine occasions from May 11, 2015 to October 29, 2015, and repaid KRW 75,60,50,000 (=20,150,000 - KRW 175,60,500 - KRW 175,50,500) to C, who was subject to the Plaintiff’s order of seizure and assignment of claims against the Defendant, paid the above loans amounting to KRW 70,549,50 in total.

B. First, we examine the allegation of repayment ①

Comprehensively taking account of the respective descriptions and arguments written in Gap 6-1-6, Eul 1-1-15, and Eul 5, the defendant is recognized to have remitted total of KRW 175,60,500 from May 11, 2015 to October 29, 2015 as indicated in the table below from the defendant's name account (Dbank E) to the plaintiff's account in the name of the plaintiff (F bank G).

According to the above facts of recognition, it is reasonable to view that the defendant, without any special circumstance, repaid the above KRW 175,60,500 to the plaintiff.

As to this, the Plaintiff’s 175,600,50 won received from C is merely the amount borrowed separately from C, and it does not receive the repayment of the loan from the Defendant to the Defendant.

(b)in satisfaction of any obligation;

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