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(영문) 서울중앙지방법원 2019.08.23 2018나78369
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. Facts of recognition;

A. The Plaintiff remitted KRW 10,00,000 on August 12, 2010 to the Korean bank account under the name of the Defendant, and KRW 30,000,000 on March 11, 201, KRW 10,000 on August 8, 2011, and KRW 4,00,000 on August 10, 201, and KRW 6,00,000 on August 10, 201.

B. The Defendant remitted KRW 200,000 each month from the above bank account to the national bank account under the Plaintiff’s name. After remitting KRW 3,00,000,000 on October 8, 2012 and KRW 4,000 on October 18, 2012, the Defendant wired KRW 150,000 each month from September 6, 2013, and then remitting KRW 100,000 each month from September 6, 2013 to October 13, 2017, and thereafter, remitted KRW 10,000 each month from the date of remitting KRW 10,00,000 to the Plaintiff’s account under the Plaintiff’s name. The Defendant subsequently remitted KRW 100,000 on October 13, 2017 to the said account under the Plaintiff’s name.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, Eul evidence 3, the purport of the whole pleadings

2. Considering the details of transfer of the account known by the above recognition of the cause of the claim and the circumstances in which the Defendant periodically deposited a certain amount to the Plaintiff, the Plaintiff lent a total of KRW 30,000 to the Defendant by August 10, 2011, and the Defendant, according to the agreement with the Plaintiff, paid the amount equivalent to the agreed amount, which was successively modified as of the time of repayment, based on the Defendant’s agreement with the Plaintiff.

Therefore, barring any special circumstance, the Defendant is obligated to pay 18,00,000 won remaining after deducting 12,000,000 won for loans (loan 30,000,000 won - 3,00,000,000 as of October 8, 2012 - 4,000,000 won as of October 18, 2012 - the amount of repayment as of September 6, 2013 as of September 6, 2013, which is the day following the final interest payment date of the instant complaint from October 14, 2017 to May 16, 2018, which is a duplicate of the instant complaint delivery date of the instant complaint, with 100,000 won as of the last agreement, and 15% interest rate per annum as of the promotion of litigation, etc. from the next day to the day of full payment.

3. The defendant's assertion.

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