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(영문) 서울북부지방법원 2020.07.23 2019나38954
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 300,000 and the Plaintiff shall pay the full payment with regard thereto from December 10, 2013.

Reasons

1. Determination

A. In the first instance court, the Defendant borrowed 20 million won from the Plaintiff on January 10, 2010 and 1.3 million won on May 10, 2010 as interest rate of 2% without setting a respective repayment period, and in the first instance court, the Plaintiff did not explicitly assert the Plaintiff’s loan of 2 million won on January 10, 2010 and 1.3 million won on May 10, 2010 as a subject matter of a lawsuit, but the Defendant did not explicitly assert the Defendant’s loan of 1 million won on August 13, 2018 at the reply of 2010 and 200,000 won on May 10, 2010 to the Defendant on May 10, 201, the Plaintiff appears to be more than 300,000 won on May 10, 201 as the subject matter of a lawsuit by the Defendant on May 10, 2010.

A. Although there is no dispute between the parties, or considering the overall purport of Gap evidence Nos. 4, 6, 7, 8, and Eul evidence No. 1 and all pleadings, the defendant is obligated to repay the above borrowed money (hereinafter "the borrowed money of this case") to the plaintiff, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant asserts to the effect that “the obligation was extinguished by repaying the principal and interest of the instant loan in full, as well as the Plaintiff’s claim for the same overlapping loan between C and the Defendant.”

According to each of the evidence Nos. 4, 6, 7, and 2 through 7, the Defendant’s deposit amount as interest for the loan of this case.

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