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(영문) 광주지방법원해남지원 2017.07.12 2016가합3236
대여금
Text

1. The Defendant: (a) KRW 193,00,000 for the Plaintiff and 5% per annum from September 16, 2013 to July 12, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and Eul evidence Nos. 1-1 through 3, the plaintiff paid money for loans to the defendant who conducts a business of purchasing and selling agricultural products for several times from July 2012 to April 24, 2013, and the defendant paid KRW 748,00,000 to the plaintiff on April 24, 2013.

‘A statement of borrowing can be recognized as having been prepared and issued, and the testimony of a witness B alone is insufficient to reverse the recognition, and there is no counter-proof.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 748,000,000 and damages for delay after September 16, 2013, which is the day following the due date for payment.

2. Judgment on the defendant's defense of payment

A. The fact that the part of the Plaintiff’s entity repaid the Plaintiff totaling KRW 547,00,000 from July 20, 2013 to January 21, 2015 is the Plaintiff, as shown in the attached Table.

B. According to subparagraph 1-3 of the evidence No. 1-3 of the 2013, Jan. 2, 2013 and the claim for reimbursement of KRW 30,000,000 as of January 28, 2013, the defendant paid KRW 45,000 to the plaintiff as of January 28, 2013, and KRW 15,000,000, and KRW 15,000 as of January 28, 2013, each of the above payments is deemed to have been made before preparing a loan certificate to pay KRW 748,00,000,00 to the plaintiff, and thus, it is difficult to view that the above claim for reimbursement of KRW 45,00,00 as the above KRW 30,00,000 or KRW 100 as the above claim for reimbursement of KRW 405,00,00,000 cannot be accepted.

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