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(영문) 서울동부지방법원 2016.12.02 2016가단23442
대여금
Text

1. The Defendant shall pay KRW 7,010,00 to the Plaintiff KRW 5% per annum from June 14, 2016 to December 2, 2016 and the next day.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the entire pleadings as to the cause for the claim Gap 1-5, the Plaintiff is obligated to pay the Plaintiff KRW 25 million and delay damages therefor, on December 19, 2014, KRW 8 million on December 29, 2014, KRW 100 million on May 25, 2015, KRW 25 million on August 12, 2015, and KRW 6 million on August 12, 2015. As such, the Defendant is obligated to pay the Plaintiff the above loan KRW 25 million and its delay damages.

The judgment on the defendant's defense is a defense that the defendant paid a considerable portion of the above loan to the plaintiff. Thus, according to the statement No. B, the defendant is found to have remitted a total of KRW 1,799,000 to the plaintiff from January 21, 2015 to June 25, 2016 as shown in the attached Table. Unless there are special circumstances, it is reasonable to view that the above remittance was appropriated for the repayment of the above loan.

Therefore, the above defense is justified.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 7 million (=25 million - KRW 17.99 million) and damages for delay calculated by 5% per annum as stipulated in the Civil Act from June 14, 2016 to December 2, 2016, the date following the delivery date of a copy of the instant complaint, as sought by the Plaintiff, to the effect that the Defendant disputes over the existence and scope of the obligation, as to the existence and scope of the obligation.

Conclusion

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