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(영문) 대구지방법원 2016.06.14 2015가단49320
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 58,379,990 and KRW 48,594,519 among them, 15% per annum from June 15, 2016 to the date of full payment.

Reasons

1. On September 13, 2013, the Plaintiff lent KRW 60,000,000 to the Defendant, and the interest rate was set at 30% per annum and on December 13, 2013.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 3, and the ground for appeal

2. Judgment on the defendant's defense for repayment

A. The defendant's summary of the defendant's defense completed the repayment of the total amount of 69,800,000 won to the plaintiff as follows.

① KRW 5,00,000 on September 13, 2013; ② KRW 3,000 on August 12, 2014; KRW 7,000,000 on December 9, 2014; ④ KRW 5,180,00 on December 19, 2014; KRW 5,180,00 on December 19, 2014; and KRW 6,000,00 on February 30, 2015.

B. On the other hand, the Plaintiff recognized that the Defendant received KRW 5,00,000, KRW 7,000,000 among the above defenses, KRW 20,000 among the above defenses, and KRW 20,000,000 among the above, as a part of the repayment for the instant loan. 2) The Plaintiff also asserted that the Plaintiff received KRW 16,70,000 from the Defendant, but the Plaintiff received KRW 16,70,000 from the Defendant, not the repayment for the instant loan, as a loan for the Plaintiff’s (ju) development.

Comprehensively taking account of the respective descriptions of evidence Nos. 4 and 5 and the purport of the entire pleadings, the Plaintiff lent a total of KRW 400 million to the Minister of Government Administration and Home Affairs for the period from May 7, 2012 to July 12, 2013, and the Defendant on September 13, 2013, which was subrogated for the development of the State agency.

Therefore, the plaintiff's assertion that the above KRW 16,700,000 did not constitute the repayment of the loan of this case is reasonable, and the defendant's defense for repayment of the above part is without merit.

3. On the other hand, there is no evidence to acknowledge the defendant's defense of payment for the remainder exceeding the portion of the plaintiff's 5,180,000 won and 10,000 won in excess of the portion of the plaintiff's 5,180,000 won, and 6,000 won in excess of the part of the plaintiff's 5,00 won in receipt of payment

3. Calculation of appropriation for performance.

A. On August 12, 2014, the part acknowledged as the Defendant’s defense for repayment.

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