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(영문) 춘천지방법원강릉지원 2019.01.15 2018나227
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know of “C” in the field of camping around 2011, and the Defendant and D become aware of the adjoining neighbors around 2012.

B. On June 25, 2013, the Plaintiff, at the Defendant’s request, remitted KRW 30,000,000 to the deposit account in the name of E, his/her wife.

On the other hand, the defendant received and kept the loan certificate (No. 1, No. 3) from D or D on June 25, 2013 with respect to the above money, which is set at KRW 30,000,000 from D.

C. Around November 2013, the Defendant: (a) drafted a complaint stating that “D lent KRW 30,000,000 as it is necessary for the construction of a new temple; (b) D did not construct a new temple and did not pay money; and (c) did not submit it.”

Upon the Plaintiff’s request for reimbursement of KRW 30,000,000, the Defendant paid KRW 27,400,000 to the Plaintiff from August 30, 2013 to June 1, 2015.

E. On April 18, 2017, the Plaintiff sent a content-certified mail (Evidence A No. 1, No. 4) requesting the Defendant to pay the unpaid amount of KRW 8,000,000,000, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3 and 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the parties’ assertion 1) On June 25, 2013, the Defendant borrowed KRW 30,000,000 from the Plaintiff as of August 25, 2013 with the maturity of KRW 30,000,00 from the Plaintiff as of August 25, 2013, and the principal amount of KRW 22,00,000 among them was repaid, and thus, the Plaintiff is obligated to pay the remainder of the borrowed amount of KRW 8,00,000 from the Plaintiff as well as damages for delay. 2) The Defendant borrowed KRW 30,00,000 from the Plaintiff is not the Defendant, and the Defendant’s partial repayment is merely a repayment with the intent of the Plaintiff’s demand for payment.

B. Determination 1 as to the above facts and the purport of the entire evidence duly admitted can be comprehensively considered.

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