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(영문) 광주지방법원 2017.03.30 2015나11706
대여금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded by this court, is modified as follows.

Reasons

1. Determination as to the loan and the request for the payment of functional clothes

A. The Plaintiff’s assertion 1) The Plaintiff loaned a total of KRW 123,390,000 to the Defendant from June 28, 2013 to March 3, 2014. The interest on the said loan is KRW 11,50,000 in total.

B) From June 28, 2013 to November 20, 2013, the Plaintiff sold a total of KRW 25,237,000 to the Defendant. Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of money and damages for delay, excluding KRW 49,71,00,00, which has already been paid to the Plaintiff, out of total of KRW 148,627,00.

[Plaintiff asserted that KRW 11,185,00 was paid with the repayment of 73,00,00 won of loan and 11,185,000 as the payment of clothes at the date of the first instance trial. After appeal against the judgment of the court of first instance, the Plaintiff asserted that 40,000 won was paid with the above loan principal, KRW 15,973,00,000 among the total amount of loan 15,973,00,000,000 among the loan principal, KRW 120,50,000,000, and KRW 88,68,000,000 were paid with the loan payment. The Plaintiff asserted that the loan was separately claimed and withdrawn from the loan principal (Article 10) and that the loan was paid with the loan 10,000,000 won, and that the loan 10,0000 won was not paid with the loan 40,000,0000 won.

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