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(영문) 춘천지방법원 2015.03.17 2014가단8618
대여금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 15,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from March 29, 2008 to November 24, 2014.

Reasons

1. Facts of recognition;

A. From July 1, 1997, the Plaintiff is running the sales business of military personnel's goods with the trade name "D" in the Gangwon-gun, Gangwon-do.

B. On March 26, 2007, the Plaintiff served as a noncommissioned officer in a nearby military unit and received the cancellation refund of KRW 22,276,00,000 among the cancellation refund of KRW 42,4222,676, which he/she had subscribed to. The Defendant used the said money for purchasing cars.

C. Around June 2007, the Defendant lent KRW 13,000,000 to E, who is the spouse of the Plaintiff’s partner.

On December 28, 2007, the Plaintiff: (a) accepted the above loan amount of KRW 13,000,000 against the Defendant; and (b) borrowed KRW 15,000,000 in addition to the loan amount of KRW 2,000 from the Defendant; (c) drafted a certificate of borrowing that the Defendant shall pay interest of KRW 110,000 to the Defendant on the 28th day of each month.

E. The Plaintiff paid KRW 10,000 per month to the Defendant three times from January 28, 2008 to March 28, 2008, but thereafter, did not pay interest.

[Ground of recognition] Unsured Facts, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 through 3 (including each number if any) and images, each fact inquiry result with respect to Korea Post, the purport of the whole pleadings, as a whole,

2. The assertion and judgment

A. The plaintiff asserted that on March 26, 2007, the plaintiff lent KRW 22,00,000 to the defendant as a car purchase fund. However, on December 28, 2007, the plaintiff borrowed KRW 15,000,000 from the defendant on December 28, 2007 and agreed to offset the above loan claim KRW 22,00,000 against the defendant's above loan claim amounting to KRW 15,00,000 against the defendant on April 208, 200. The plaintiff asserted against the defendant as the principal lawsuit of this case against the defendant in this case that the above loan claim amounting to KRW 22,00,000,000, excluding the above loan claim amounting to KRW 15,000,000, and damages for delay.

As to this, the defendant on March 26, 2007.

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