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(영문) 대구지방법원 2018.08.16 2017나303685
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. The parties' assertion

A. Between December 10, 2012 and March 9, 2013, the Plaintiff loaned KRW 189,70,000 in total to the Defendant by account transfer or cash delivery as described in attached Table 1 and 2, and received from the Defendant the refund of KRW 111,960,000 as described in attached Table 3 as between December 12, 2012 and April 6, 2013.

Therefore, the Defendant is obliged to pay to the Plaintiff the amount of KRW 77,740,00 (=189,700,000 - 111,960,000) and delay damages.

B. The Defendant borrowed KRW 107,100,00 from the Plaintiff by account transfer as shown in attached Table 1, and did not borrow cash as stated in attached Table 2, and paid all the above borrowed amount of KRW 107,10,000.

2. Determination

A. (1) The Plaintiff loaned 107,100,000 won to the Defendant by account transfer as described in attached Table 1 does not conflict between the parties. (2) The portion of KRW 16,00,000 on December 26, 2012, as described in attached Table 2, as stated in attached Table 2, was first lent to the Defendant by account transfer, and the Plaintiff transferred 13,00,000,000 won to the Defendant’s account for the first time on December 10, 2012, based on the purport of the argument in attached Table 2, the Plaintiff transferred 16,00,000 won to the Defendant’s account, without submitting the evidence of borrowing KRW 3,00,000 by the same method on December 24, 2012, the Plaintiff asserted that the Plaintiff borrowed 10,000 won from the Plaintiff on December 26, 2012, and issued the evidence of borrowing KRW 16,000,500.

In light of these circumstances, the Plaintiff’s KRW 13,00,000 on December 10, 2012 and KRW 3,000,000 on December 24, 2012 to the Defendant by means of each account transfer.

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