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(영문) 전주지방법원 2015.02.03 2014나1570
대여금
Text

1.The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. The Plaintiff’s judgment on the cause of the claim was determined and lent to the Defendant on July 26, 201, KRW 4 million to the Defendant on April 6, 201, as the due date for reimbursement was determined and lent on July 19, 2012, and the fact that the Plaintiff determined and lent KRW 3 million on July 19, 2012 as the due date for reimbursement was no dispute between the parties.

Therefore, barring any special circumstance to the Plaintiff, the Defendant is obligated to pay KRW 1.7 million to the Plaintiff at KRW 7 million (i.e., KRW 4 million) and KRW 5.3 million, limited to KRW 5.3 million and delay damages.

2. As to the judgment on the defendant's assertion, the defendant alleged that he paid to the plaintiff a total of KRW 4,350,000 including the above KRW 1,70,000,00,00,000,000,000,000,000,000 won, and thus, it is not sufficient to acknowledge that the defendant paid a total of KRW 2,350,000,00 to the plaintiff only with evidence Nos. 2, 3, 4-1,

Therefore, the defendant's above assertion is not accepted.

3. Therefore, the defendant is obligated to pay to the plaintiff 5.3 million won and its payment period after June 6, 2013 the amount of money calculated by the rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is the date of the judgment of the court of first instance, from February 3, 2015 that the defendant claims against the plaintiff as to the scope and existence of the obligation. Thus, the plaintiff's claim of this case is justified within the above recognition scope, and the remaining claim shall be dismissed as it is without merit, and the judgment of the court of first instance, including the claim extended and reduced in the court of first instance, shall be modified as per Disposition 1.

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