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(영문) 울산지방법원 2016.12.14 2016가단53243
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 29.7 million and the interest rate of KRW 15% per annum from May 10, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff, on behalf of the Defendant, lent to the Defendant the amount of goods to be paid by the Defendant, KRW 74 million on June 9, 2014, KRW 4 million on July 1, 2014, KRW 3 million on July 15, 2014, and KRW 3 million on July 15, 2014.

The Plaintiff loaned KRW 3 million to the Defendant, KRW 9 million on June 13, 2014, KRW 7.5 million on July 29, 2014, KRW 7.5 million on August 1, 2014, KRW 2 million on August 2, 2014, KRW 3 million on August 14, 2014, and KRW 13 million on September 17, 2014.

The Plaintiff is a person who received reimbursement of KRW 22 million from the Defendant among the total amount of KRW 50 million and KRW 1.9 million.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, the purport of the whole pleadings

B. As the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the remainder of 29.7 million won and damages for delay calculated at the rate of 15% per annum from May 10, 2016 to the date of full payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, following the delivery date of the instant complaint.

2. Judgment on the defendant's assertion

A. The defendant asserts that the payment in cash was made in addition to the above amount of payment in cash, that the plaintiff was paid the total of KRW 10,440,000 in cash.

However, since the evidence No. 3 alone is insufficient to recognize it, this part of the defendant's assertion is rejected.

B. The fact that the Defendant alleged that he/she remitted the money to the Plaintiff’s account that he/she returned the money to the Plaintiff’s account was transferred to the Plaintiff’s account at least KRW 520,000 per month on 18 occasions from October 16, 2014 to March 23, 2016 is without dispute between the parties.

The defendant asserts that since the above money was remitted for the repayment of the borrowed money, the defendant should deduct the remaining borrowed money to be paid by the defendant.

As to this, the Plaintiff claimed that the Defendant lent money at the 5th rate of the month to the Defendant, and that the Plaintiff borrowed money at the 4th rate of the month, and that the Plaintiff again lent money from C to the Defendant and received the said interest.

A.

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