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(영문) 대구지방법원 영덕지원 2018.05.15 2018가단263
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including branch numbers, if the plaintiff has a serial number; hereinafter the same shall apply) as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff lent to the defendant the amount of KRW 4.8 million on October 15, 2010 (the plaintiff asserted that he borrowed KRW 5 million at an annual interest rate of KRW 2.4 million, but there is no evidence to acknowledge it), ② the amount of KRW 3 million on June 15, 2009; ③ the interest rate of KRW 30 million on December 31, 2009 (for the plaintiff, the amount of KRW 3.6% per annum, but no evidence to acknowledge it exists).

Thus, the defendant is obligated to pay the agreed interest and delay damages on each of the above loans to the plaintiff.

2. Judgment on the defense

A. The summary of the Defendant’s assertion stated that the Defendant repaid to the Plaintiff KRW 53,080,000 in total with the principal and interest of the instant loans.

B. There is no dispute between the parties to the facts of recognition, or the following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence No. 3 and Eul evidence No. 1.

1) On November 2, 2011, the Defendant repaid KRW 1 million among the instant loans. 2) The Defendant repaid KRW 4 million among the instant loans, and KRW 1 million on February 9, 2015, respectively.

3) The Defendant repaid to the Plaintiff the amount recorded in the column for payment on the date of December 9, 2009 to August 23, 2016 as listed below [Attachment Table] 30, 200,00 32,876 32,876 32,876 32,876 36 36 36, 632, 876 08 201,0029,2029,0029,200,0029,000,000,000,000,000, 40,000,632, 876 2, 205, 200,632, 87 40, 205, 245, 245, 2515, 1978, 209

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