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(영문) 서울북부지방법원 2016.04.12 2015가단17071
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the statement in Gap evidence No. 1 of the basic facts, the defendant prepared on May 20, 2005 a loan certificate stating that "I shall borrow KRW 300 million and repay it until November 18, 2005. I (Plaintiff) you shall return to you and C (hereinafter "the plaintiff") (hereinafter "the loan certificate of this case")" (hereinafter "the loan certificate of this case").

2. The parties' assertion

A. The plaintiff's assertion made a loan to the defendant of KRW 150 million each together with the non-party, and the defendant was unable to recover KRW 70 million from the defendant. The defendant is liable to pay the plaintiff KRW 70 million and its delay damages.

B. The Defendant’s assertion that all of the borrowed money was repaid through the Nonparty, and thus, the Defendant did not have the obligation to repay KRW 70 million to the Plaintiff.

3. Facts of recognition and judgment

A. The defendant paid C the sum of KRW 50 million on March 31, 2006, KRW 200 million on July 31, 2006, KRW 30 million on December 19, 2006, KRW 10 million on September 21, 2007, KRW 70 million on the check on January 31, 2008, KRW 32 million on June 18, 2008, KRW 5 million on the remittance on December 12, 2008, KRW 5 million on the total of KRW 5 million on the transfer on November 5, 2009, and KRW 2 million on the transfer on September 21, 2007.

On November 16, 2007, the Defendant paid to the Plaintiff KRW 10 million in total, and KRW 15 million in total, on December 12, 2008.

(2) On April 27, 2011, the Nonparty agreed with the Plaintiff that “(i) the Nonparty shall be paid KRW 95 million to the Plaintiff. ② 16% of the amount received from the D major apartment reconstruction association shall be paid as rebates. ③ The Nonparty and the Plaintiff set off the rebates amounting to KRW 95 million and the amount settled at the time of receiving the said collection money from the said reconstruction association. The Nonparty promised to preferentially pay KRW 95 million to the Plaintiff.”

(3) On April 24, 2015, the Plaintiff issued a written confirmation from the Defendant that “the Defendant repaid all principal and interest on the instant loan certificate to the Nonparty, and the Plaintiff paid all deposits.”

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