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(영문) 울산지방법원 2015.10.28 2015가단5124
대여금
Text

1. The Defendant’s KRW 25 million with respect to the Plaintiff and the following day from January 9, 2009 to March 17, 2015.

Reasons

1. Determination as to the cause of claim

A. The Defendant, on January 8, 2009, borrowed a total of KRW 25 million from the Plaintiff on September 4, 2008 and KRW 18 million on October 8, 2008.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff the amount of KRW 25 million with 5% per annum as stipulated in the Civil Act from January 9, 2009 to March 17, 2015, which is the delivery date of the complaint, and the damages for delay calculated by 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Plaintiff did not pay the rent by leasing a restaurant from C, and the Defendant subrogated the Plaintiff’s rent liability of KRW 18.6 million to C.

This set off the defendant's claim against the plaintiff and the defendant's above loan obligation against the plaintiff on an equal amount.

B. According to the evidence Nos. 1 to 2 (including additional numbers), the Defendant may recognize the fact that the Defendant remitted the sum of KRW 18.5 million to C from June 5, 2009 to December 14, 2012.

However, the fact alone is insufficient to recognize that the Plaintiff was liable for the 18.5 million won to C, but the Defendant was subrogated for it, and there is no other evidence to acknowledge it.

3. The plaintiff's claim for conclusion is justified and acceptable.

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