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(영문) 서울중앙지방법원 2015.09.16 2015나20772
대여금
Text

1. Of the parts concerning the counterclaim of the judgment of the court of first instance, those concerning the payment order:

Reasons

1. Determination as to the main claim

A. The Plaintiff asserted that the Plaintiff lent KRW 68,278,913 to the Defendant from May 4, 2011 to February 14, 2013.

B. Determination 1) First, the Plaintiff’s KRW 1.5 million leased from the Defendant on May 4, 2011, and KRW 527,084 leased from the Defendant on June 27, 2011, and KRW 3 million leased from the Defendant on July 6, 2011 and July 20, 2011; ③ August 29, 2011, leased from the Defendant on September 30, 201, and KRW 2.5 million from the Defendant on September 31, 2011, and KRW 1.5 million from the Defendant on August 30, 201, and KRW 50,000 from the Plaintiff on August 5, 2012, the Plaintiff did not have any dispute between the Plaintiff and the Defendant on September 28, 2012.

The remaining KRW 100,000 is difficult to readily conclude that the Defendant lent KRW 100,00 to the Defendant solely based on the above remittance, and there is no other evidence to acknowledge it, in light of the following:

Even if the above KRW 100,000 won is a loan, the Plaintiff loaned KRW 527,084 to the Defendant on June 27, 2011, and was paid KRW 374,423,723 on July 6, 2011 by the Defendant, and KRW 289,891 on July 20, 201. However, it is reasonable to deem that the Plaintiff’s total amount of KRW 664,314 (= KRW 374,423,289,891) received as the repayment exceeds KRW 527,084,000,000 from the Plaintiff. Thus, it is reasonable to deem that the remainder remaining after appropriating the repayment of KRW 527,084 (=664,314,527,084) was appropriated for the repayment of KRW 100,000.

Therefore, the plaintiff's above 50,000 won claim is without merit.

3) Of KRW 12,291,935, the Plaintiff remitted on September 6, 2012, KRW 8,297,378 (i.e., the Defendant borrowed the borrowed principal against the Defendant Hyundai Capital Co., Ltd.).

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