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(영문) 서울중앙지방법원 2014.12.30 2014나29956
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. On August 16, 2010, the Plaintiff asserted that the Defendant lent KRW 5 million to the Defendant and claimed payment of the above amount against the Defendant. Accordingly, the Defendant asserted to the effect that: (a) the Plaintiff was obligated to pay KRW 1.7 million out of the loan KRW 5 million to the Plaintiff’s accounts; (b) KRW 300,000,000,000,000,000,000,000 to the Defendant in advance and paid the Defendant in cash; and (c) the Defendant did not implement the said payment; (d) the Defendant was obligated to pay KRW 50,000,000 to the Defendant’s account (the Japanese Bank Account Number C).

2. In full view of the purport of the arguments in Gap evidence Nos. 1 through 4 and witness D of the trial, the plaintiff agreed on August 16, 2010 to lend 5 million won per share to the defendant on the condition that the defendant shall pay 7.5 million won per share (7.5 million won per share) to the defendant on August 16, 2010, and to pay 12,000 won per share. On the same day, the plaintiff paid 3.3 million won per share, excluding 1.7 million won per share, and the defendant can be found to have withdrawn from the trial without paying the next share. Accordingly, the defendant is liable to pay 3.3 million won per share from the date following the delivery of the complaint of this case to November 14, 2013 as requested by the plaintiff as to whether the defendant is obligated to pay 3.3 million won per annum and delay damages per annum from the next day of the judgment of the court of first instance as to the existence and scope of the obligation.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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