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(영문) 서울북부지방법원 2017.10.24 2017가단116651
대여금
Text

1. The Defendant’s KRW 117,00,000 as well as 6% per annum from April 19, 2017 to October 24, 2017 to the Plaintiff.

Reasons

1. In full view of the statements set forth in subparagraphs A through 3 and the purport of the entire pleadings as to witness B’s testimony, the Plaintiff’s KRW 3 million on January 19, 201, and KRW 2 million on January 31, 201; and

5. 13. 5 million won, and the same year;

6.2. 5 million won, 3 million won on July 7 of the same year, 10 million won on October 13 of the same year, and 2.5 million won on October 13 of the same year can be recognized, and the witness B’s testimony contrary thereto is difficult to believe, and the defendant is obliged to pay 205 million won to the plaintiff.

2. The defendant asserts that 148 million won has been repaid. A.

The fact that the Defendant paid to the Plaintiff KRW 2 million on January 31, 201, KRW 5 million on April 22, 2011, KRW 15 million on December 2, 2011, and KRW 3 million on September 5, 201 does not conflict between the parties.

B. According to the statements in Eul evidence Nos. 5 and 6, although the fact that Eul was transferred on April 22, 201 to D’s account, which was the Plaintiff’s wife, from the account of the C stock company in which Eul was the representative director, the amount of KRW 5 million was deemed to have been remitted. However, in light of the witness’s witness’s witness’s witness’s testimony, with respect to the fact that the above amount was repaid for the above loan, the witness’s testimony, Eul’s evidence Nos. 5 and 6 alone is insufficient,

C. It is insufficient to recognize that the Defendant paid the amount equivalent to KRW 1 million, including KRW 90,000,000,000, to the Plaintiff on March 1, 2013, on the sole basis of the statements in subparagraph 4 and witness B’s testimony by the Plaintiff as a substitute for his/her attorney’s rental fee, and there is no other evidence to acknowledge otherwise.

Therefore, the defendant's assertion that the defendant paid 88 million won to the plaintiff is without merit.

3. If so, the defendant is obligated to pay to the plaintiff 17 million won and 6% per annum from April 19, 2017 to October 24, 2017, and 15% per annum from the next day to the day of full payment. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is reasonable.

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