logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2016.07.19 2015가단14153
대여금
Text

1. The Defendant’s KRW 12,215,00 for the Plaintiff and 5% per annum from July 6, 2016 to July 19, 2016.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s claim lent KRW 1,250,000 to the Defendant on May 31, 2010, and KRW 15,000,000 on June 4, 2010, and KRW 15,000,000 on August 25, 2013. (2) The Plaintiff lent KRW 1,250,000 to the Defendant on August 25, 2013, and was repaid KRW 10,000 on September 10, 2013. The Plaintiff lent KRW 10,000 to the Defendant on September 10, 2013. The Plaintiff borrowed KRW 10,000 on September 10, 2013.

In addition, the Plaintiff loaned KRW 18,00,000 to the Defendant on July 31, 2014, and KRW 18,000,000 on August 5, 2014, the Plaintiff received reimbursement of KRW 20,000,000 on August 6, 2014, and KRW 1,000,000 on October 1, 2014. Meanwhile, the Plaintiff paid KRW 4,335,00 as a result of monetary transactions with the Defendant from September 2, 2008 to February 2009. Accordingly, the Defendant should pay the remainder of the loan KRW 15,00,00,000 after deducting the remainder of the loan KRW 15,00,00,000,000 from the remainder of the loan KRW 15,005,00,005,305,005,00.

2. Determination as to the cause of action

A. The facts that the Plaintiff paid KRW 10,00,000 to the Defendant on May 31, 2010, and KRW 5,000,00 on June 4, 2010 are under dispute between the parties. However, the Plaintiff asserted that the Plaintiff requested the Defendant to substitute for the goods at the request for the change of the claim and the cause of the claim on November 30, 2015, and provided the above KRW 15,00,000 in return for the said request, but the Plaintiff provided the above money in the request for change of the claim and the cause of the claim on July 4, 2016. In light of the above facts, it is insufficient to acknowledge that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge this part of the Plaintiff’s request. Accordingly, the Plaintiff did not accept this part of the Plaintiff’s claim.

On the other hand, evidence Nos. 1, 10, and B.

arrow