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(영문) 서울중앙지방법원 2016.11.02 2016나12969
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 8,866,96 and KRW 5,367,582 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff, on November 15, 2013, lent the interest to the Defendant at 170,000 UN, the sum of the 300,000,000 UN on April 3, 2014, and the 300,000 UN on May 15, 2014, as the 1.70,000 UN on May 15, 201, changed the interest to 2% per month.

B. On December 18, 2013, the Defendant claimed that the Plaintiff was 110,00 UN, 40,000 UN on January 15, 2014, 80,000 UN on February 18, 2014, 60,00 UN on February 28, 2014, and 23, 2014 (the date of repayment by both the Plaintiff and the Defendant was September 29, 2014), but according to the evidence of subparagraph 2, the date of remittance was 987,00 UN on September 23, 2014).

C. The Defendant agreed to pay air charges, transportation charges, etc. out of the damages incurred by the Plaintiff’s failure to repay the Plaintiff’s debt while borrowing the amount of paragraph (a) from the Plaintiff.

On August 25, 2015, November 10, 2015, and January 15, 2016, the Plaintiff appeared at each of the first instance trial dates. On August 17, 2016, the Plaintiff appeared at each of the first instance trial dates.

For this purpose, the Plaintiff spent 58,00 UN on August 19, 2015, 28,500 UN on October 22, 2015, and 27,000 UN on December 18, 2015, and 37,000 UN on July 29, 2016, respectively. The Plaintiff spent 2,470N on August 12, 2016, and 2,470N on August 18, 2016, respectively.

E. The exchange rate is KRW 952.02, as of August 19, 2015, KRW 952.02, as of October 22, 2015, KRW 950.39, as of December 18, 2015, KRW 97.06, as of July 29, 2016, KRW 1,085.76, as of July 29, 2016, KRW 1,092.37, as of August 12, 2016, KRW 1,106.24, as of August 18, 2016; and KRW 1,085, as of October 19, 2016, as of the date of the closing of argument at the trial.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, 9 through 18, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to loans, the Plaintiff lent 1,700,000 UN to the Defendant at an interest rate of 2% per month, and the Defendant repaid 110,00 UN on December 18, 2013, 40,000 UN on January 15, 2014, 80,00 UN on February 18, 2014, 60,00 UN on February 28, 2014, 987,00 UN on September 23, 2014, respectively.

(b).

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