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(영문) 대전지방법원 2019.10.22 2018나117577
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On October 4, 2011, the Plaintiff and the Defendant: (a) lent money to the Defendant over several times by not later than 2017, including remitting KRW 10 million to the Defendant; and (b) the Defendant continued to engage in money transactions by either repaying a part of the borrowed money to the Plaintiff or paying the unpaid fraternity to the Plaintiff in lieu of the Plaintiff.

B. On November 24, 2011, the Defendant repaid KRW 10,450,000 from the Plaintiff on October 4, 2011, and remitted KRW 10,450,00, including interest, etc.

C. The Plaintiff and the Defendant attempted to settle the accounts several times from October 2017, and the Plaintiff issued his financial transaction statement (No. 8-1 to 7) to the Defendant and requested the calculation.

However, the plaintiff continued to raise an objection to the settlement made by the defendant (No. 7-1 and No. 2). D.

On February 19, 2018, the Defendant requested the Plaintiff to prepare and review the financial transaction statements received from the Plaintiff and the settlement statement (Evidence No. 3) that the Defendant received, and the Defendant received, to deliver them to the Plaintiff as C message.

The settlement statement No. 3 shall include (1) the total amount of KRW 9,850,00,00, which is the sum of KRW 74,000 and KRW 25,850,00,00 which is confirmed to have been remitted to the Defendant, and KRW 59,850,000,000, which is the sum of KRW 25,850,000,000, which is the sum of which the Plaintiff paid to the Defendant; (2) the sum of KRW 59,850,00,00, which is calculated by subtracting KRW 40,850,000 that the Plaintiff paid to the Defendant from the sum of KRW 40,850,00,00 which is confirmed to have been remitted to the Defendant; and (3) the calculation method of the principal and interest amount of KRW 5,00,000, KRW 300,305,000 which is the aggregate of the interest amount paid to the Plaintiff.

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