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Reasons
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(영문) 서울서부지방법원 2019.05.02 2018나1968
대여금반환
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 29, 2010, the Plaintiff: (a) lent KRW 19 million to the Defendant at the interest rate of two copies per month (24% per annum); (b) around that time, a promissory note with a face value of KRW 20 million (hereinafter “instant promissory note”) issued under the name of the Defendant and his husband C, issued by the Defendant and his husband C; and (c) on April 15, 201, the Plaintiff additionally lent KRW 2 million to the Defendant at the same interest rate (hereinafter “the instant loan”).

B. On July 1, 2012, the Plaintiff’s certificate No. 2 No. 16, stating that “as of July 1, 2012, KRW 9 million was deposited and as of July 1, 2012, the remainder of KRW 2 million remains.”

hereinafter referred to as "certificate of confirmation of this case"

A) Along with the issuance of the Promissory Notes, the Promissory Notes were returned to the Defendant at that time. [The grounds for recognition: the fact that there is no dispute, Gap evidence No. 9, Eul evidence No. 2 and No. 3, and the purport of the entire pleadings.]

2. Summary of the parties’ assertion

A. The Plaintiff’s loan of this case was KRW 126,000,000 from the Defendant on May 24, 2011 (hereinafter the same year is omitted)

5. 27.1 million won;

6.3540,000 won;

9. 5.20,00 won, August 5, 11, 500,000 won, January 17, 2012;

1. 18.5 million won;

3. 23.1 million won, June 25, 2013;

8. 13.6 million won, and 500,000 won on March 5, 2015;

6. 26. 5 million won was remitted to the plaintiff's deposit account, and 9 million won as stated in the certificate of confirmation of this case was not deposited. Thus, the defendant asserts that the defendant is liable to pay 9 million won of the leased principal and 1.86 million won of the interest during the loan of this case.

B. On July 1, 2012, the Defendant: (a) paid the Plaintiff the principal amount of KRW 9 million in cash; (b) obtained the instant confirmation from the Plaintiff that the instant loan remains in principal amount of KRW 2 million; and (c) claimed that the Defendant repaid all the principal and interest of KRW 2 million remaining around that time.

3. Determination

(a) Domins, Gap evidence Nos. 11, Eul evidence Nos. 5, 6, and 11.

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