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(영문) 수원지방법원 2017.08.24 2016가단552259
대여금
Text

1. The Defendant’s KRW 70,625,00 for the Plaintiff and KRW 5% per annum from October 21, 2015 to August 24, 2017.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 5, the fact that the plaintiff lent to the defendant the 500,000 Chinese money to the defendant on or before July 1, 2015 that the defendant paid 2,50,000 won to the defendant on October 20, 2015, and that the defendant paid 2,50,000 won to the plaintiff on December 21, 2013 and January 20, 2014;

Although the defendant alleged that the plaintiff has paid more than KRW 60 million, there is no evidence to prove that the defendant has paid more than KRW 60 million, in addition to the amount recognized earlier.

The base date of exchange rate to be applied in converting foreign currency into Korean currency and ordering its implementation is the date of the conclusion of fact-finding proceedings. Thus, when the amount of the claim in this case is converted into 83,125,000 won (=50,0000 Chinese money x 166.25 won/1 bill) on July 20, 2017, the date of the conclusion of the argument in this case.

Therefore, the Defendant is obligated to pay 70,625,00 won (i.e., KRW 83,125,000 - KRW 12,500,000) calculated by deducting the amount that the Defendant repaid to the Plaintiff from the above amount of the claim, and to pay 15% interest per annum under the Civil Act until August 24, 2017, which is deemed reasonable to dispute over the existence and scope of the Defendant’s obligation from October 21, 2015, following the due date for repayment, until August 24, 2017, which is the date of this decision, and the amount calculated by deducting the amount that the Defendant repaid to the Plaintiff from the above amount of the claim.

The plaintiff's claim against the defendant is reasonable within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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