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(영문) 대전지방법원 2013.11.28 2013가합3198
대여금 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The parties' assertion

A. On March 7, 2012, the Plaintiff, the cause of the Plaintiff’s principal lawsuit, lent a total of KRW 249 million to the Defendant on April 24, 2012, and KRW 150 million on April 24, 2012. The Defendant, around August 20, 2012, repaid KRW 73 million to the Plaintiff’s wife C National Agricultural Cooperative Federation (hereinafter “CF”), instead of paying KRW 18 million on March 12, 2012, and KRW 12 million on March 16, 2012, and KRW 300,000,000 to the Plaintiff without having the Defendant pay KRW 218 million on March 16, 2012 (hereinafter “D 218”), but instead having the Plaintiff pay the remainder of KRW 301,000,000,000,000 to the Plaintiff.

B. Defendant 1) As to the rebuttals on the principal claim, the Defendant Company F (hereinafter “F”) operated by the Defendant.

The Plaintiff agreed to receive KRW 100 million from the Plaintiff after operating the Plaintiff in a situation that was economically difficult at the time, and thereafter, the Defendant calculated the Plaintiff’s profit of KRW 40 million, and the Defendant has a total of KRW 140 million claim against the Plaintiff. The Plaintiff deposited KRW 1.5 million per month from February 27, 2007 to September 17, 2010 and suspended the payment after the date: ① the Plaintiff paid KRW 26 million interest to the Defendant from October 10, 2010 to February 2, 2012, and KRW 300,000,000,000 to the Defendant to pay KRW 30,000,000,000 to the Plaintiff as at the time of borrowing the loan obligation to the Nonghyup; ② the Plaintiff demanded the Defendant to pay the above KRW 30,000,000 to the Defendant.

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