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(영문) 서울동부지방법원 2017.09.15 2016나5414
대여금 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 42,000,000 as well as to the plaintiff on January 2015.

Reasons

1. The reasoning of this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on loan claims

A. The reasons why this Court stated in this part of the loan in 2003 are as stated in the reasoning of the judgment of the court of first instance, and thus, this part is quoted by the main text of Article 420 of the Civil Procedure Act.

B. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings in 2008, the Plaintiff may acknowledge that the Plaintiff lent KRW 30,000,000 to the Defendant on September 30, 2008.

The defendant asserts that the above loans were repaid monthly in the amount of KRW 1,000,000 among the 4,000,000 per month of benefits to be received from the plaintiff and only KRW 3,00,000 was received. The above loans were all extinguished by the repayment.

The time when the defendant lent the above money to the plaintiff is as seen above after May 2008, when the defendant completed the D Service of the plaintiff's operation.

The defendant's assertion of repayment is difficult to recognize.

Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and damages for delay.

3. Determination on the claim for refund of the purchase price

A. In light of the purport of the evidence Nos. 1, 2, 4, 5, 7, and 8 as well as the entire pleadings, the Defendant: (a) purchased and used the instant automobile in installment, and agreed on May 208 to bear the remainder of the installment payments on the instant automobile while delivering the instant automobile to the Plaintiff on May 208; (b) the Plaintiff paid KRW 23,500,000 to the Defendant for the use of the instant automobile by delivery from around that time; and (c) paid the Defendant to Hyundai Capital Co., Ltd. a sum of KRW 23,50,000 for the said 25th installment payments to the Defendant; (d) the Defendant issued a certificate of personal seal impression for the sale of the instant automobile necessary for the transfer of ownership, a certificate of the transfer of the automobile, and a written application for the registration of transfer on September 2012.

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