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(영문) 부산지방법원 동부지원 2018.11.07 2017가단217160
대여금
Text

1. The defendant shall pay 26,00,000 won to the plaintiff and 24% per annum from May 1, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 4 of the judgment on the cause of the claim [the defendant alleged that Gap evidence No. 1 (money tea) was forged by C, but it is not sufficient to acknowledge the forgery by only the statement Nos. 1 and 2 of the evidence No. 1 and 2, and there is no other evidence to acknowledge it]. The plaintiff may recognize the fact that on October 31, 2016, the plaintiff lent KRW 100,000 to the defendant through the defendant's agent C with interest rate of 24% per annum and maturity of 30 April 30, 2017, and the plaintiff has received KRW 74,00,000 among them.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the borrowed amount of KRW 26,00,000 and damages for delay with an agreement of 24% per annum from May 1, 2017 to the day of full payment.

2. On December 12, 2017, the Defendant asserted that, if the Defendant repaid KRW 50,000,000 to the Plaintiff, the Plaintiff agreed to exempt the Defendant from the remainder of the borrowed amount, and accordingly, the Defendant paid KRW 50,000 to the Plaintiff on the same day, the Plaintiff’s claim for the said borrowed amount was extinguished.

It is insufficient to acknowledge that the statement of No. 3 alone with the statement of No. 50,00,000 won between the Plaintiff and the Defendant was an agreement between the Plaintiff and the Defendant to exempt the remainder of the loan obligation, and there is no other evidence to prove otherwise, the above argument by the Defendant is without merit.

3. The plaintiff's claim of this case is justified.

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