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(영문) 춘천지방법원강릉지원 2015.02.13 2014가단2019
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,00,000 as well as 20% per annum from March 18, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are siblingsed by the plaintiff and the captain of "C" (hereinafter "the ship of this case") who are loaded at an implied port in the East Sea, and the defendant is the owner of the ship of this case.

B. The Defendant, upon purchasing the instant vessel around April 2013, deposited with the Plaintiff, who had long been engaged in the purchase, repair, and operation of the instant vessel for a long time.

Accordingly, around May 2013, the Plaintiff left repair to D, E, and F for repair, such as the installation of an institution to be seen in the instant vessel. D’s repair cost is KRW 5.2 million, E’s repair cost is KRW 4 million, and F’s repair cost is KRW 1.5 million.

C. Meanwhile, the Plaintiff stated that the Defendant spent approximately KRW 8 million in addition to the repair cost in the process of having the instant vessel repaired and preparing for fishing (hereinafter “F expenditure”) to the Defendant, and that the Defendant recognized the Plaintiff’s use of the F expenditure and promised to pay KRW 10 million in relation thereto.

After repairing the instant vessel, the Plaintiff and the Defendant started operation and started operation until October 2013. From December 2013 to January 2014, 2014, the Plaintiff and the Defendant issued an erroneous fishing order. From December 2013 to January 2014, the Plaintiff and the Defendant came to conflict with each other regarding consignment of fishery products operated between the Plaintiff and the Defendant, and in fact, the co-operation relationship through the instant vessel was terminated.

'Ground of recognition' without dispute, Gap evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts, the defendant recognized the amount of KRW 8 million paid to the plaintiff with the F expense and promised to pay KRW 10 million to the plaintiff. Thus, there is no dispute between the parties, and the defendant is obliged to pay the above amount to the plaintiff.

B. (i) As to the repair cost of KRW 10,70,000,000,000,000,000,000,000 on behalf of the Defendant, the Plaintiff asserted on behalf of the Defendant, as the repair cost of the instant vessel.

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