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(영문) 서울중앙지방법원 2016.09.22 2015가단5361163
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff asserts that the plaintiff has the following claims against the defendant who is the birthee. A.

The loan Plaintiff around March 1996 lent KRW 35,00,000 to the Defendant around March 1, 1996, with the due date set on May 1996. Thus, the Defendant must pay the above money and the interest or delay damages from April 1, 1996.

B. The Plaintiff, on December 1, 1995, entered into a guarantee contract with C as to the amount of KRW 5,00,000 (interest of KRW 1,00,000 per month) borrowed from C as of December 1, 1995, and as the Defendant did not pay the above borrowed amount, the Plaintiff subrogated for KRW 10,27,673 to C from January 1, 1996 to December 30, 200, and thus, the Defendant shall pay the said subrogated amount and interest or delay damages therefrom to the Plaintiff.

C. The Defendant returned unjust enrichment to the Plaintiff in 1996, the Plaintiff’s oral gift certificates should be futuresed to the Plaintiff in 1996, and the Plaintiff demanded KRW 3,00,000 from the Plaintiff to make a false statement demanding KRW 3,00,000. The Plaintiff received KRW 3,000,000 from the Plaintiff on June 1, 1996. Since the Plaintiff revoked the donation contract for the said KRW 3,00,000 on the grounds of the Defendant’s deception, the Defendant shall return the said money to the Plaintiff as unjust enrichment, and the Defendant shall also pay interest or delay damages from July 1, 1997.

On December 30, 201, the Defendant repaid the Plaintiff KRW 28,00,00,00 to the Plaintiff. Since such repayment was partially appropriated for the Defendant’s interest or delay damages in accordance with the order of statutory appropriation for performance, the Defendant is bound by the year from January 1, 201 to the date of delivery of a copy of the complaint in this case, the sum of KRW 48,27,600, and KRW 54,459,000, and KRW 54,459,000, in total, the amount of the principal of the above obligation and the delay damages as of the date of repayment, and the period from the following day to the date of delivery of a copy of the complaint in this case, to the date of full payment.

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