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(영문) 광주지방법원순천지원여수시법원 2016.10.27 2016가단20
청구이의
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the Plaintiff

Reasons

1. The facts acknowledged are as follows: (a) the Plaintiff borrowed 10 million won from the deceased C on November 19, 2007 from the deceased C on or around February 3, 2008, and KRW 5 million on or around February 3, 2008; (b) agreed to pay interest of KRW 150,000 per month while preparing a loan certificate; (c) the Plaintiff paid KRW 1 million on or around December 23, 2010; and (d) KRW 5 million on or around February 2013; and (c) C paid KRW 6 million on or around February 2013; and (d) the decision of performance recommendation became final and conclusive by claiming the principal and interest in arrears against the Plaintiff.

2. It is unreasonable to appropriate the Plaintiff’s argument summary C to the interest, not principal, which is KRW 6 million received from the Plaintiff.

3. There is no evidence to prove that the Plaintiff either designated or agreed to pay to C a part of the principal that is not an interest of six million won.

(See Article 479(1) of the Civil Act). Therefore, the Plaintiff’s claim is dismissed as it is groundless.

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