(영문) 서울동부지방법원 2017.05.31 2016나5650

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(영문) 서울동부지방법원 2017.05.31 2016나5650

대여금

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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. The facts that the Plaintiff and the Defendant prepared a receipt of this case to confirm that the principal of the loan was KRW 15,045,000, in settling cash lending transactions on August 17, 2010, that the Defendant paid to the Plaintiff was the principal of the loan, can be acknowledged by comprehensively considering the purport of the entire pleadings in the statement in subparagraph 1.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 12,945,00 won remaining after deducting 2,100,000 won for which the plaintiff had received the principal from the above 15,045,00 won, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 13, 2016 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case to the defendant.

2. On May 25, 2010, the defendant's argument that the plaintiff's loan to C on April 30, 2007, KRW 5 million, and KRW 1.6 million, which the plaintiff paid to D, are included in the above loan, and the defendant prepared the receipt of this case by intimidation by the plaintiff although the amount was settled erroneously. Thus, the plaintiff's claim against the defendant should be deducted from the amount of the plaintiff's credit.

In addition, the defendant remitted KRW 9,160,00 to the plaintiff prior to the preparation of the receipt of this case, which is paid as the repayment of the claim of this case. Thus, the defendant asserts that the amount of the claim of this case should be deducted from the amount of the claim of this case, and that the cost of processing that the plaintiff shall pay to

In light of the fact that the Plaintiff and the Defendant settled the monetary transaction relationship between the time when the receipt was drawn up and the time when the receipt was drawn up, the monetary transaction relationship before the drawing up of the above receipt does not constitute a ground for rejecting the Plaintiff’s claim.

Furthermore, the evidence submitted by the defendant alone is insufficient to recognize each of the above arguments by the defendant.

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