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(영문) 부산지방법원 2018.01.26 2016가단60088
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 67,206,50 and the interest rate of KRW 15% per annum from September 10, 2016 to the date of full payment.

Reasons

1. According to the overall purport of evidence Nos. 1, 2, 9, and 15 as well as the entire arguments, the Plaintiff loaned KRW 67,206,80 in total to Defendant B via D or C, the wife, via E, the Plaintiff, through the number of times as indicated in the table Nos. 1, 4, and 13, and remitted KRW 20,293,120 in total to Defendant C’s account as described in the table Nos. 2 and 3, and the fact that the Defendant urged the return of the above loan around 2013 can be acknowledged and there is no counter-proof.

Details of lending date 1.20,706,880 won on June 25, 2008 20.20, 19, 2000 won on the account of Defendant C (Defendant B’s wife) with the account of Defendant B’s KRW 1,29,120 on June 25, 2008 ; Defendant B’s payment on the aggregate of KRW 1,000,000 on the account of Defendant B’s KRW 1,00,000 on the account of Defendant C (Defendant B’s wife); and Defendant B’s payment on the account of KRW 1,00,000 on the account of KRW 5,00 on 1,19,00, KRW 100 on the account of Defendant B’s KRW 5,00 on February 1, 200, KRW 5,000 on the account of Defendant B’s KRW 10,000 on the account of Defendant B’s KRW 1,000 on the account

2. Judgment on the plaintiff's claim

A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obliged to return the total amount of KRW 67,206,880 to the Plaintiff.

Since the plaintiff notified the return of the above loan, the repayment period of the above loan claim has arrived on the date of service of the original copy of the payment order of this case, which is later than the expiration of a considerable period of time.

Therefore, Defendant B, among the above loans to the Plaintiff, sought KRW 67,206,50 for the Plaintiff and the following day after the service of the original copy of the instant payment order, shall be from September 10, 2016 to the day of full payment.

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