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(영문) 부산지방법원 2019.01.25 2018나2360
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. Basic facts

A. On January 16, 2009, KRW 2,500,000 was remitted from C Bank Account under the name of the Plaintiff to D Bank Account under the name of the Defendant.

B. On November 11, 2009, the Plaintiff sent to the Defendant each content-certified mail containing the content-certified mail stating that “the payment shall be made not later than November 18, 2009,” and each content-certified mail containing “the payment shall be made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not later than the payment made not more than the payment made not more than the payment made not more than the payment made not more than the payment made not more than the payment made not more than the payment made not more than the payment made not more than the payment made

C. On January 16, 2010, the Defendant recognized that the money indicated in the foregoing text message was remitted to the Plaintiff on January 16, 2009, while sending it to the Plaintiff around September 2016, the Defendant also recognized that the money was remitted to the Plaintiff on January 16, 201. This part appears to be a clerical error in the text message as of January 16, 2009.

The amount of KRW 2,500,000 which has been deposited shall be corrected as you have borrowed.

The text message was sent.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 4-2, 6, and 7-2, 6-7, the purport of the whole pleadings

2. According to each of the above facts of recognition and the purport of the entire pleadings as to the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff 2,50,000 won (hereinafter “the instant money”) without setting the due date for repayment on January 16, 2009, and thus, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at each rate of 15% per annum as stipulated in the Civil Act from November 19, 2009 to September 1, 2017, the delivery date of the original copy of the instant payment order, including the Plaintiff’s expression of intent to return the amount of KRW 2,50,000 and the Plaintiff’s expression of intent to return the amount.

In this regard, the defendant received the instant money on January 16, 2009, but the said money was paid as a balance of land purchase and sale between the plaintiff and the defendant.

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