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(영문) 서울중앙지방법원 2016.07.01 2015나73424
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. The Plaintiff loaned the Defendant the loan amount of KRW 20 million on November 28, 1995, KRW 30 million on November 29, 1995, KRW 20 million on August 10, 1996, and KRW 10 million on May 10, 1997, respectively. By November 28, 1995, the remainder of the loan amount of KRW 12 million on the Defendant cannot be acknowledged as having been in dispute between the parties, or in full view of the purport of pleading evidence No. 1 through 4, evidence No. 6-2, and evidence No. 5-1, respectively, and KRW 700 on August 10, 196, KRW 70 on the loan amount of KRW 400 on the loan amount of KRW 700,000 on the loan amount of KRW 17,500 on the loan amount of KRW 700,000 on the loan amount of KRW 17,500,000 on the loan.

B. The Plaintiff asserted that the Defendant agreed to pay the interest rate to the Plaintiff at the time of borrowing each of the above amounts, but there is no evidence to acknowledge this, and the Plaintiff’s interest claim is without merit.

C. The Defendant’s repayment of KRW 15 million to the Plaintiff on May 31, 1996, KRW 15 million on July 4, 1996, and KRW 7 million on March 15, 2005 can be acknowledged in light of the purport of the argument in the evidence No. 5 (the Defendant alleged that he returned the remainder of KRW 10 million on May 10, 1997 as to KRW 7 million on May 15, 2005 as to KRW 7 million from the Plaintiff on May 10, 1997, but as seen earlier, the Defendant’s payment of KRW 15 million is not the Plaintiff’s corporate expense, and thus, it cannot be accepted on any other premise.

(2) The Defendant’s repayment to the Plaintiff is the total amount of KRW 37 million. 2) The Defendant is the Defendant.

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