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(영문) 서울북부지방법원 2019.04.17 2017가단19453
대여금
Text

1. The Defendant: (a) KRW 47,890,000 for the Plaintiff and 5% per annum from August 30, 2017 to April 17, 2019.

Reasons

The fact that the plaintiff lent KRW 29,890,000 to the defendant as stated in the following table (hereinafter the loan in this case) that the plaintiff determined the cause of the claim for the loan was not a dispute between the parties.

On January 28, 2015, 100 5,00,000 on September 24, 2015, 2015, 7,800,000 on September 24, 2015, 7,800,000 410,000,005 March 18, 2015, 20,000 on March 25, 2016, 90,00 on April 25, 200, 200 on April 25, 2016, 2007, 290,000,0000, as well as 29,890,000,000 on May 10, 2016, the Plaintiff’s assertion that the Plaintiff extended the loans to the Defendant is without merit. However, there is no further evidence to acknowledge this part of the Plaintiff’s assertion.

In addition, the plaintiff alleged that he agreed with the defendant to receive KRW 100,000 per month interest on the loan of this case. However, there is no evidence to acknowledge this, and the plaintiff's assertion on this part is without merit.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 29,890,000 as well as damages for delay, barring special circumstances.

The defendant's defense is proved that the defendant remitted to the plaintiff 6,00,000 won on January 12, 2016, and 1,890,000 won on March 2016, and delivered as a check the amount of KRW 20,000,000 on December 5, 2016, and all of the loans of this case were repaid.

First of all, according to the evidence Nos. 1 and 6,00,000 won defense, it is recognized that the defendant remitted 6,000,000 won to the plaintiff on January 12, 2016, but according to the evidence No. 8, the plaintiff remitted 2,00,000 won to the defendant on May 21, 2015, Oct. 28, 2015, and December 17, 2015, respectively. According to the above facts of recognition, the plaintiff remitted 6,00,000 won to the defendant from May 21, 2015 to December 17, 2015, and the defendant remitted 6,000,000 won to the defendant on December 20, 2015. Accordingly, the plaintiff's remittance to the defendant on October 20, 2016.

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