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(영문) 서울남부지방법원 2015.04.22 2014가단53619
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 20% per annum from October 30, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 5, the plaintiff shall be the defendant, and the plaintiff shall be the defendant, the amount of five million won on Nov. 24, 2009, the amount of three million won on Feb. 25, 2010, and the same year.

3. The fact that a loan of KRW 31 million is made on April 1, 200, KRW 18.1 million for the same month, and KRW 30 million on April 4, 2014.

In regard to this, the Defendant settled accounts by delivering to the Plaintiff a promissory note No. 28 million won, excluding KRW 3 million from April 4, 2014 among the above loans, by adding the loan money and the equipment rent to the loan money, and thereafter, deemed that the payment of the said promissory note was exempted in lieu of the payment of the sale price, the Defendant asserts that the said KRW 28 million had already been paid.

Comprehensively taking account of the overall purport of the pleadings, evidence Nos. 8 and 9, and evidence Nos. 1, the Defendant prepared and delivered a promissory note No. 70 million won to the Plaintiff on October 14, 2011, and the Plaintiff decided on November 9, 201 that the Defendant would purchase equipment owned by the Defendant for KRW 70 million and substitute the payment of the purchase price for the Defendant’s exemption from the above promissory note money liability. However, as alleged by the Defendant, there is no evidence to acknowledge that the above promissory note No. 6 and evidence No. 7-1 and No. 7-2 were settled by adding the loan and equipment rent up until the time. Rather, according to each of the above evidence No. 6 and evidence No. 7-1 and No. 2, the Plaintiff concluded a lease agreement with the Defendant on January 9, 2010 to KRW 680,000,000,000 for the Plaintiff’s construction machinery No. 16681. 81.281.281, Jan. 28, 201010, 2010

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