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(영문) 수원지방법원 성남지원 2018.06.15 2016가단228221
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 10,846,876 and KRW 5,846,876 among them, the Defendant (Counterclaim Defendant) from May 5, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On May 31, 2010, the Plaintiff claimed that the Plaintiff provided a total of KRW 90,000,000,000, including the loan of KRW 40,000 to the Defendant on the condition of interest rate of KRW 2% per month on March 1, 2011, and additionally lent KRW 24,80,000 after March 1, 201.

However, since the Defendant paid only KRW 69,786,00 to the Plaintiff after March 1, 2011, the Defendant is obligated to pay the Plaintiff KRW 45,014,00 and delay damages.

The defendant paid 15,00,000 won out of 40,000,000 won that the plaintiff lent to the defendant on May 31, 2010 to the defendant.

Meanwhile, according to the details of bank account transactions between the Plaintiff and the Defendant, the amount remitted by the Defendant to the Plaintiff is more than KRW 56,426,00,000, and the Plaintiff received KRW 4,900,000 from the Defendant in the accounts operated by C on behalf of the Defendant. Upon the Defendant’s request, D, who is the Defendant’s seat, paid KRW 2,50,000, and KRW 1,060,000 to the Plaintiff, and subrogated for the Defendant’s debt.

Therefore, the Plaintiff received excess reimbursement of KRW 39,886,00 (=56,426,000 KRW 4,900,000 KRW 1,500,000 KRW - 25,000,000) from the Defendant without any legal reasons.

Therefore, the plaintiff is obligated to pay the defendant the above 39,886,000 won and damages for delay.

Plaintiff

The Plaintiff borrowed KRW 40,000,000 from F to the Defendant on May 31, 2010 as interest rate of KRW 2%, comprehensively taking account of the overall purport of the pleadings in the statement in the evidence Nos. 1, 2, 1, 2, and 2, as of May 31, 2010, the Plaintiff borrowed KRW 30,000,000 from F, and KRW 10,000,000 from G, and the Plaintiff lent the above KRW 40,000 to the Defendant on May 31, 2010 at the request of the Plaintiff, and the Defendant lent KRW 80,000,000 calculated at the rate of KRW 2% per month for the borrowed amount of KRW 40,000,000 to the account of KRW 60,000 per month for each account of KRW 1,000,000 per month.

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