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(영문) 대구지방법원 2016.10.28 2016가단1448
대여금
Text

1. The Defendant: (a) KRW 15,105,946 for the Plaintiff and KRW 5% per annum from November 1, 2015 to August 11, 2016; and (b).

Reasons

1. Basic facts

A. The Plaintiff was a scientific teacher of a public study teaching school, and the Defendant is a parent of a child who the Plaintiff was appointed.

B. Upon receipt of the Defendant’s request, the Plaintiff borrowed KRW 10 million from Samsung Card Co., Ltd. on March 23, 2013, and lent KRW 8 million among them to the Defendant. On December 23, 2013, the Plaintiff borrowed KRW 7 million from Apropha social loan (ju) and partially lent it to the Defendant. On January 6, 2014, the Plaintiff borrowed KRW 7 million from Apropha loan and partially lent it to the Defendant.

C. The Defendant did not pay KRW 2 million to the Plaintiff, which is the Defendant’s child, and the Defendant partially paid the Plaintiff’s living expenses with the Plaintiff’s card and did not fully pay KRW 1 million.

On September 25, 2015, the Defendant drafted a letter to the Plaintiff on September 25, 2015, stating that the Plaintiff will pay one million won in the card value, seven million won in the Russian loan, seven million won in the business net loan, eight million won in the Samsung Card loan, eight million won in the Samsung Card loan, and interest on the loan, etc. by the end of October 2015.

E. On November 30, 2015, the Defendant paid KRW 15 million to the Plaintiff.

[Reasons for Recognition] Unsatisfy and Entry of Gap evidence 1

2. The assertion and judgment

A. The Plaintiff’s assertion and determination made a promise to repay the debt amount on September 25, 2015, while conducting monetary transactions with the Defendant as seen in the underlying facts. The Plaintiff promised to pay the debt amount as stated in the evidence No. 1 (each note). The debt amounted pursuant to the evidence No. 1 (1) is KRW 8 million for Samsung Card’s principal and interest 2,620,829 won for such loans, ② KRW 7 million for Aproph social loans, and interest 1,093,942 for such loans, ③ KRW 7 million for Eprophve loans, and interest 1,391,175 won for Eprophve loans, ④ KRW 1,000,000 won for Card Balance, ⑤ KRW 30,105,946 for educational expenses, and KRW 1,500,000,0000 for the Plaintiff’s claim and the change of the claim No. 165,15,165,16.5

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