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(영문) 광주지방법원 2018.04.05 2017나7084
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff loaned a loan of KRW 10,000,00 on January 23, 2013, KRW 1,000 on May 3, 2013, KRW 5,000,000 on August 13, 2013, KRW 3,000,000 on August 30, 2013, KRW 50,000 on December 30, 2013, and KRW 10,000 on March 4, 2014, KRW 8,009,000 on a loan of KRW 00,00 on a loan of KRW 10,00 on May 29, 2014, KRW 30,00 on a loan of KRW 10,00 on a loan of KRW 100,00 on a loan of KRW 300,00 on a 0-month basis.

3) Therefore, the Defendant shall pay to the Plaintiff the principal amounting to KRW 89,00,00 ( KRW 27,800,000 with interest rate of KRW 27,80,000 with KRW 50,000 with interest rate of KRW 240,000 with interest rate of KRW 240,000 with interest rate of KRW 10,000 with interest rate of KRW 19 months on March 4, 2014 ( KRW 3,80,000 with interest rate of KRW 89,00,000 with interest rate of KRW 27,80,000 with KRW 27,80,000 with interest rate of KRW 20,000 with KRW 88,100 with interest and interest rate of KRW 10,000 with KRW 308,000 with interest rate of KRW 308,000 with interest and interest rate of KRW 88,1008,0008.

) On August 30, 2013, KRW 3,000,000 (hereinafter “instant second loan”).

There is no difference between the Plaintiff and the Defendant, and there is no fact that the Defendant entered into an interest agreement with respect to the loans of KRW 50,000,000 as of December 3, 2013 and KRW 10,000 as of March 4, 2014.

Therefore, as long as the Defendant borrowed a total of KRW 81,00,000 from the Plaintiff and the Defendant already repaid KRW 88,100,000 to the Plaintiff, the Defendant does not have the obligation to repay the Plaintiff additionally.

2. Determination

A. As to the loan No. 1 of this case, the following circumstances, i.e., the following, which can be acknowledged by the purport of each description of No. 1, No. 1, and No. 1, and all pleadings.

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