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(영문) 서울북부지방법원 2014.11.14 2014가단16446
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from April 4, 2014 to the date of full payment.

Reasons

1. The fact that the Plaintiff lent KRW 40 million to the Defendant on July 13, 2007 is not a dispute between the parties. Thus, the Defendant is obligated to pay to the Plaintiff the above borrowed amount of KRW 40 million and damages for delay calculated at the rate of 20% per annum from April 4, 2014 to the day of full payment, as the Plaintiff seeks.

2. The defendant asserts that from August 2, 2007 to January 23, 2009, the sum of 3,9820,000 won was repaid over 15 times as shown in the following table, and the plaintiff exempted 1,80,000 won in balance.

A The fact that the Defendant transferred the sum of KRW 2,782,00,000 (the same as the above table 1-14) to the Plaintiff through the account of his own Dong Book D from August 2, 2007 to January 23, 2009 is no dispute between the parties.

However, although the defendant asserted that the plaintiff lent the above KRW 40 million to the plaintiff without interest, it is difficult to recognize the fact that the defendant remitted the above KRW 14.6 million to the plaintiff through the D's account on December 25, 2007, which was prepared by the plaintiff on August 2, 2007 to December 20, 2007, "it is proved that the plaintiff repaid the above KRW 3280,000 (the sum of KRW 1-5,000) without deducting the above KRW 3.2.8 million from August 2, 2007 (the sum of KRW 1-5,000)." The defendant did not recover the above loan from the plaintiff or receive the repayment receipt. According to the Gap evidence No. 2, it is difficult to find that the defendant remitted the above amount of KRW 14.6 million to the plaintiff through the D's account on April 3, 2007, in light of the plaintiff's assertion that the above amount of money was transferred to the plaintiff.

In addition, the defendant paid 12 million won to the plaintiff on January 23, 2009 as a check.

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