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(영문) 서울북부지방법원 2020.08.27 2019나38077
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the purport of Gap evidence Nos. 2 and 3 as to the cause of the claim and the whole pleadings, it may be recognized that the plaintiff loans a total of KRW 15,00,000,000 to the defendant on June 22, 2017, and KRW 15,000 on June 26, 2017, each due date for payment of KRW 15,000,000, and KRW 70,000 on the end of October 2017, and the monthly interest rate of KRW 70,000 on September 5, 2017, KRW 30,000 on September 30, 2015, KRW 300,000 on September 30, 300, KRW 300,000 on September 30, 207, KRW 200 on the loan interest rate of KRW 20,000 on the loan accrued within 20,015,00.

Ultimately, the Defendant is obligated to pay interest or delay damages from October 27, 2017 to the date of full payment, which is the day following the day when the aforementioned final interest is included in the loan balance, as sought by the Plaintiff, to the Plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Plaintiff paid KRW 1,50,000 to the Plaintiff, as described in paragraph (1), as well as KRW 3,000,000,000 on September 30, 2017, and KRW 1,230,000 on October 9, 2017. However, it is insufficient to acknowledge that the Plaintiff paid KRW 4,230,000 on the sole basis of the statement in subparagraph 2 was paid as the principal and interest of the loan, and there is no other evidence to support this. Therefore, the above assertion is without merit.

B. Offset 1) The Defendant is obligated to pay KRW 15,00,000 as consolation money to the Defendant on December 3, 2017, because the Plaintiff committed a tort as follows, and thus, the Defendant is obligated to pay KRW 15,00,000 to the Defendant as consolation money. Therefore, the Plaintiff’s claim for consolation money as the automatic claim is the Plaintiff’s interest and interest on the loan to the Defendant.

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