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(영문) 전주지방법원 2017.11.01 2017나5955
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Upon the Defendant’s request, the Plaintiff: (a) received KRW 150,000 from August 12, 2015; (b) KRW 1,00,000 as loans on April 3, 2015; (c) KRW 2,00,000 as loans on July 13, 2015; (d) KRW 1,00,000 as loans on July 13, 2015; (e) KRW 05,00,000 as loans on July 15, 2015; and (e) KRW 0,00,000 as loans on July 15, 2015; and (e) KRW 1,00,00,000 as loans on February 20, 2017; and (e) KRW 0,000,000 as loans on May 15, 2015, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9 (including branch numbers, if any), Eul evidence 1, and the purport of the whole pleadings

B. Therefore, the Defendant determined that the Plaintiff’s total sum of KRW 7,850,00 (i) KRW 150,000 (2) KRW 1,00,000 (3) KRW 2,000,000 (4) KRW 1,000,000 (6) KRW 1,000,000 (6) 6,700,000) less the Plaintiff’s amount of KRW 4,90,000 (7,850,000 - 4,90,000) and the amount of KRW 1,00,000,000 (5) of the amount of subrogated payment as of February 20, 200), which the Plaintiff had received reimbursement on March 30, 2016 (30,000,000 after the Plaintiff’s claim for reimbursement, but the Plaintiff was deemed to have continued to have made the Defendant’s claim for reimbursement on the date of pleading 30,0130,01.

The court of first instance, which held that it is reasonable for the defendant to dispute over the existence or scope of the obligation from February 20, 2017, the day following the date of subrogation, to May 12, 2017, shall be 5% per annum under the Civil Code, and the promotion of the lawsuit from the following day to the date of full payment.

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