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(영문) 청주지방법원 제천지원 2017.02.22 2016가단20554
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On March 5, 2013, the Plaintiff loaned total of KRW 90,000,000 to the Defendant on March 5, 2013, and KRW 50,000,000 on April 10, 2014, and KRW 90,000,000 on April 9, 2014, and from the Defendant on April 22, 2014 as principal repayment of the above loan, the Plaintiff’s cause of the claim shall be KRW 10,00,000 on April 22, 2014, and the same year.

5. The payment of KRW 30,000,000 on March 15, 2016, and KRW 30,000,000 on a total of KRW 10,000 on March 15, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 60,000 (=90,000,000 - 30,000,000) and 25% interest rate per annum under the Interest Limitation Act from February 28, 2016 to the day of full payment.

B. 1) According to the respective statements in Gap evidence Nos. 1 and Eul evidence Nos. 4, the plaintiff's bank account in the name of the defendant (HAC and hereinafter "the account of this case").

(3) On March 5, 2013, when comprehensively taking account of the following facts: KRW 10,00,00; KRW 50,00,00 on April 28, 201; KRW 90,000 on April 9, 2014; KRW 10,000 on the Plaintiff’s bank account; KRW 150,00 on April 6, 2013; KRW 250,000 on April 28, 2013; KRW 30,00 on May 28, 2013; KRW 20,000 on April 28, 2013; KRW 30,00 on the Plaintiff’s account; KRW 10,00 on June 28, 2013; and KRW 20,000 on the Plaintiff’s evidence remaining to have been transferred from KRW 16,60,000 on the Plaintiff’s account; and

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