(영문) 서울서부지방법원 2014.08.28 2013가합5312

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(영문) 서울서부지방법원 2014.08.28 2013가합5312

대여금

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1. The Defendant (Counterclaim Plaintiff) paid KRW 26,700,000 to the Plaintiff (Counterclaim Defendant) and its payment from August 12, 2013 to August 28, 2014.

Reasons

The plaintiff asserted that the plaintiff did not pay 5 million won to the plaintiff, even though he joined the three-dimensional accounts of the defendant's operation, the defendant did not pay 5 million won to the plaintiff from March 3, 2003 to May 2005 of the above three-dimensional accounts.

The defendant asserts that the plaintiff subscribed to the fraternity in order to repay the borrowed money from the defendant, and the defendant paid all the remaining fraternitys except the above borrowed money to the plaintiff and settled the account.

The facts that the plaintiff joined the three foot 10 million won book operated by the defendant around September 2002 are not disputed between the parties, but in full view of the entries in the evidence Nos. 1, 2, and 3, the whole purport of the pleadings is as follows: (i) the defendant loaned to the plaintiff a part of the loan to the plaintiff (the above 20 million won was repaid to the plaintiff, and there is no evidence to support the plaintiff's assertion that the defendant did not lend it to the plaintiff); (ii) the defendant remitted to the plaintiff the amount of KRW 9.5 million with the limit of KRW 9.5 million with the old account of September 23, 2004 and KRW 7.3.8 million with the limit of KRW 7.3 million with the old account of December 2, 2004.

Therefore, the defendant seems to have paid all the above three principal accounts to the plaintiff, and there is no evidence to acknowledge that the defendant should additionally pay to the plaintiff the total amount of 36.8 million won (=20 million won).

The plaintiff's claim for this part is without merit.

The plaintiff's assertion of the claimant about KRW 120 million as stated in the statement of payment was made at the request of the defendant. On May 30, 2005, the defendant recognized that the transaction amount from March 30, 2003 to May 2005 was KRW 120 million to the plaintiff and prepared a statement of payment.

The defendant asserted that C had a purchase price claim of KRW 130 million.

The plaintiff is the defendant.

유사 판례

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