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(영문) 창원지방법원 2014.11.13 2013나14549
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) on October 20, 201, the Plaintiff leased KRW 2.8 million to the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 2.3 million out of the loan, and the Defendant’s assertion that the Defendant would pay KRW 3 million to the Plaintiff on October 20, 201, without setting the due date for payment. The Defendant drafted a loan certificate that the Plaintiff would pay KRW 500,000 as interest monthly interest. The Plaintiff paid KRW 3 million out of KRW 500,000,000,000,000 after deducting KRW 2.8 million from the interest on the loan. On December 10, 2011, the Defendant paid KRW 3 million to the Plaintiff in cash, including the interest on the loan, KRW 3 million,000,000,000,0000,000,0000,000 won, on December 21, 2011.

B. The judgment of this court 1) The plaintiff transferred 2.8 million won to the defendant's account under the name of loan to the defendant. Thus, the defendant is obligated to pay 2.3 million won to the plaintiff (i.e., 2., 2.0 million won paid by the defendant due to the 2.8 million won transferred to the defendant's agricultural bank account in the name of the plaintiff on December 17, 2011) and the remaining loan of 2.3 million won (2 million won and other 1.00 million won paid by the defendant on December 17, 201) which was transferred to the defendant's agricultural bank account in the name of the plaintiff on December 17, 2011. On the other hand, the defendant's assertion of repayment is about the defendant's health account, and the statement of 3-1 of the evidence No. 3-1 presented by the defendant on the ground that it is difficult to believe that C was or was predicted by the defendant, and there is no other evidence to acknowledge the remainder of the evidence submitted by the defendant.

In the end, it is eventually.

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