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(영문) 전주지방법원 2019.01.11 2018가단7667
대여금
Text

1. The Defendant’s KRW 18,92,593 for the Plaintiff and its related KRW 5% per annum from March 13, 2018 to January 11, 2019.

Reasons

1. Basic facts

A. The Plaintiff, without having agreed on the interest as follows, lent a total of KRW 33,000,000 to the Defendant four times.

(hereinafter “instant loan”). On September 12, 2016, May 12, 2016, the loan repayment period of the loan was 5,000,000,000, Party A’s evidence No. 1-20,000 May 17, 2016, 17, 2016 May 17, 2016, Party A’s evidence No. 43, May 20, 2016, May 20, 2016, Party A’s evidence No. 1414-5, May 23, 2016, Party A’s evidence No. 1414, May 29, 2016

B. On November 28, 2017, the Defendant repaid total of KRW 2,750,000 to the Plaintiff, including KRW 2,750,000,000 on November 30, 2017, and KRW 150,00 on January 11, 2018, and the Plaintiff appropriated the payment to the principal.

[Ground of recognition] Gap evidence 1-1-4, Eul evidence 2-2, Eul evidence 3-3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff borrowed KRW 3,00,000 from May 12, 2016 to May 29, 2016 to the Defendant without specifying interest, and the Defendant was paid KRW 2,750,000 from the Defendant. As such, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30,250,00 and the damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the day after the original copy of the instant payment order was served. 2) The Defendant asserted that the Plaintiff borrowed KRW 29,00,000 from the Plaintiff until January 14, 2016 to the Plaintiff, and that the Plaintiff did not request KRW 8,000,000 to lend KRW 30,00,000,000 to the Plaintiff on May 20, 2016 to the effect that: (a) the Defendant prepared a loan certificate and issued KRW 111 to the Plaintiff’s 40,0.501.

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