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Reasons
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(영문) 서울북부지방법원 2015.12.22 2015나33227
대여금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 6, 2014, the Plaintiff lent KRW 20 million to the Defendant (hereinafter “instant loan”).

B. The Defendant repaid to the Plaintiff KRW 6 million on April 30, 2015, KRW 2 million on May 4, 2015, KRW 12 million on May 4, 2015, and KRW 4 million on May 6, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the outstanding loan amounting to KRW 8 million (i.e., the loan amounting to KRW 20 million - the repayment amount to KRW 12 million) and the delay damages thereon.

B. As to the Defendant’s defense, around April 30, 2015, the Defendant agreed with the Plaintiff that the remainder would be exempted from paying KRW 12 million out of the instant loan, and pursuant to the said agreement, the Plaintiff could not respond to the Plaintiff’s claim seeking the payment of the remainder of the loan.

In full view of each of the statements and arguments in Gap evidence 6, Eul evidence 1, and Eul evidence 1, 2-1, and 2-1, and the whole purport of each of the statements and arguments, the plaintiff agreed to exempt the remainder of the loans of this case (hereinafter referred to as "the agreement of this case") upon the oral repayment with the defendant around April 30, 2015 (the agreement of this case was prepared by the plaintiff and sent each of them to the defendant on May 4, 2015 by electronic mail (14: 40 minutes) and registered mail (18: 18. 1 minutes)) and the defendant on April 30, 2015; 200 million won on May 4, 2015; 200,000 won on the remainder of the loans of this case, excluding the loan of this case, shall be 12 million won on May 4, 2015; 200,000 won on May 4, 2015).

Therefore, the defendant's defense is justified.

C. As to the judgment on the plaintiff's second defense, the plaintiff of this case.

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