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(영문) 부산지방법원 2015.10.28 2014가합46641
대여금
Text

1. The defendant shall pay to the plaintiff KRW 225,340,00 and KRW 79,340,00 among them, from September 17, 2013 to the date of full payment.

Reasons

1. Determination on the claim for loans of KRW 80,000,000 from June 13, 200 to April 2002

A. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 2 through 5 and 8 as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff paid interest on the above loan to the defendant on June 13, 200, KRW 10,000,000 on August 2, 200, KRW 10,000 on August 2, 200, and KRW 50,000 on January 200 to April 5, 2002, and KRW 80,000 on the interest rate of KRW 50,000 from January 200 to April 31, 202. Meanwhile, the plaintiff is obligated to pay the above loan interest to the plaintiff on July 31, 2013, except in extenuating circumstances.

B. The Defendant’s argument regarding the Defendant’s assertion (1) is a part of the principal and interest of the above loan, and the Defendant paid to the Plaintiff KRW 24,340,00,000 until April 30, 202, and KRW 161,850,00 from May 1, 2002 to September 16, 2013, with the payment of KRW 41,183,293 as of September 16, 2013.

(2) (A) In full view of the overall purport of the pleadings as indicated below, the Plaintiff paid KRW 1,20,00 each month to the Defendant during the period from May 1, 2002 to July 31, 2013 (i.e., KRW 23,890,000 from August 14, 200 to April 30, 2002, and KRW 161,250,000 from May 1, 2002 to July 31, 2013 (i.e., KRW 750,000 each month for the period from July 1, 203 to July 31, 2013). The sum of the above amounts exceeds KRW 161,250,00 [= KRW 162,00,000, KRW 1600,000] x 305,005]

The payment of KRW 500,00 on September 6, 2013, KRW 500,000 on September 13, 2013, KRW 500,000 on September 13, 2013, and KRW 2,00,00 on September 16, 2013 may be recognized.

[ table] The remittance amount from the No. 50,000 on August 14, 200 14. 350,000 on June 15, 2001; 22,000 on June 15, 200 23, 200 on September 15, 2001; 50,003 on July 5, 2003, 200 on September 14, 14, 2000 50,000 on July 450, 200 on July 16, 200 450,004 on September 30, 200; 10,000 on September 450, 200, 205; 10,005, 10,0000 on July 40, 205, 2005;

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