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(영문) 대전지방법원 2018.06.21 2017가단219697
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,00,000 and the interest rate of KRW 15% per annum from September 15, 2017 to the date of full payment.

Reasons

1. The fact that the Plaintiff leased a total of KRW 54 million to the Defendant from December 22, 2016 to March 20, 2017 does not conflict between the parties, or that the Plaintiff leased a total of KRW 54 million to the Defendant may be acknowledged by taking into account the purport of the entire pleadings in the items in subparagraphs A and 2.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the above 54 million won and the damages for delay calculated at the rate of 15% per annum from September 15, 2017 to the day of full payment, which is the day following the day when the copy of the complaint of this case was served to the defendant, as the plaintiff seeks.

2. As to the Defendant’s counterclaim - non-acceptance of this, the Defendant asserted that, at the Plaintiff’s request, the non-speed Defendant would set up a place of examination nationwide over ten times from October 2016 to March 2017, and that, as the special map cost is KRW 2.5 million per time, the Defendant would set off the Plaintiff’s loan claim with a special map claim of KRW 25 million in total (2.5 million x 10 times).

However, even when considering the testimony of C by the witness on each statement or image of all documentary evidence submitted by the Defendant, it is insufficient to recognize the existence of 25 million won of the special instrument cost claim alleged by the Defendant, and there is no other sufficient evidence to acknowledge it.

Therefore, the defendant's defense of offsetting is rejected.

3. Conclusion in favor of the Plaintiff

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