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(영문) 서울중앙지방법원 2014.06.27 2014가합883
대여금
Text

1. Defendant B’s KRW 131,860,000 per annum for the Plaintiff and 5% per annum from January 25, 2014 to June 27, 2014.

Reasons

1. Determination as to the claim against the defendant B

A. According to the above facts, Defendant B’s loans 5.20 million won on May 7, 2005, 10,000,000 7. 9,500 on June 15, 2005, 200 8. 20,000 on August 23, 2008, Defendant B’s loans 10,000,000 won on June 23, 2005 to Defendant B, 6. 20,00,000,000 on June 23, 2005, 200,000 won on June 28, 200, 200,009 on July 40, 200, 200, 300,000 won on July 29, 2005, 2000, 305,000 won on the Plaintiff’s loans 105.

B. Defendant B’s defense of set-off defense 1) Defendant B’s Saemaul number system operated by the Plaintiff (hereinafter “instant system”).

(1) The Plaintiff joined the instant fraternity No. 36 and paid the remainder except for KRW 17.5 million, but did not receive KRW 130 million from the Plaintiff. As such, the Plaintiff has a deposit claim of KRW 112.5 million after deducting the said unpaid amount from the said unpaid amount, and the amount of the deposit claim (a) shall be set off within the scope of equal to the Plaintiff’s above loan claim by automatically using this claim; (b) Defendant B joined the instant fraternity No. 36 around May 2008, and between the Plaintiff and the Plaintiff, “from May 25, 2008 to April 30, 201, the said Defendant’s order of KRW 2.5 million, and from September 25, 2011 to September 25, 2011, the said order of KRW 100,000,000,0000,000,0000,000 from the date when the above agreement was concluded with the Plaintiff.”

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