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(영문) 광주지방법원 2014.07.17 2013가합11630
양수금
Text

1. The Defendant’s KRW 65,00,000 and the Plaintiff’s KRW 500,000 per month from December 3, 2013 to July 17, 2014.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1) around November 1994, C, the Plaintiff’s mother, lent KRW 160 million to the Defendant (hereinafter “loan 1”) and 90 million from the Defendant on February 9, 200 (in preparatory documents as of March 11, 2014, around June 2005) (as to preparatory documents as of June 1, 2005), the Plaintiff’s mother, upon repayment of KRW 70,000,00, paid 3% interest per month on the remaining loan, and was agreed to receive KRW 70,000,000 from the Defendant on May 17, 2005.

C transferred the above loan claims against the Defendant to the Plaintiff and notified the Defendant of the transfer of the claim.

Therefore, the defendant is obligated to pay to the plaintiff the remaining 70 million won of the loan and interest thereon.

(2) On February 7, 2005, C lent KRW 100,000 to the Defendant as the new construction cost of the building on the third floor in Seo-gu, Seo-gu, Gwangju (hereinafter “Loan 2”) and received KRW 35,00,000 from the Defendant on March 6, 2006, and paid KRW 65,000 from the Defendant on March 6, 2006, C paid 30,000 interest on remaining loans between the Defendant and the Defendant, but paid until September 30, 2013.

C was paid in cash from March 2005 to September 2012 and interest on the second loan through an account from that date to December 2, 2013.

C transferred the above loan claims against the Defendant to the Plaintiff and notified the Defendant of the transfer of the claim.

Therefore, the defendant is obligated to pay to the plaintiff the remaining loans of KRW 65 million and interest thereon.

B. The defendant's assertion did not borrow KRW 160 million from C on November 1, 1994 or borrowed KRW 100 million on February 2005.

However, while the plaintiff's father, E and the defendant jointly constructed the three-story building on the Seo-gu of Gwangju, Seo-gu, Gwangju, in lieu of the construction cost of KRW 172 million to be borne by the defendant, and among them, the defendant paid KRW 70 million, excluding KRW 120,000,000,000 which the defendant paid.

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