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(영문) 부산지방법원 2017.09.19 2017가단310452
대여금
Text

1. The defendant shall pay to the plaintiff KRW 40,400,000 and KRW 39,200,00 among them, from March 4, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. 1) In view of the Plaintiff’s lending from May 9, 2014 to November 3, 2014 as indicated in the attached Form to the Defendant and receiving reimbursement from the Defendant as indicated in the attached Form, the balance of the loan is KRW 42,400,000 (in the case of human resources in C performed in the name of the Defendant, the Plaintiff is responsible for the portion of the human resources, and the Defendant was responsible for the removal portion.

Therefore, since the part of the income from the account related to C in the name of the defendant is the plaintiff, the part of the remittance as of September 5, 2014 in the attached Form is leased by the plaintiff.

(2) On the other hand, on July 18, 2016, the Plaintiff and the Defendant agreed to pay KRW 39,200,000 per month from April 2016 to July 3, 2000 as interest rate of the loan, and the Defendant paid KRW 400,00 per month from August 8, 2016 to July 2016.

3) On September 1, 2016, the Plaintiff received KRW 1,200,00 from the Defendant as interest for the said loan from April 2016 to July 2016, and received KRW 400,000 on December 30, 2016 from the Defendant as interest, and received KRW 400,000 on February 3, 2017 from the Defendant as interest. 【The grounds for recognition Party A3 through 9, 11, and 16, respectively, and the purport of the entire pleadings.

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 40,400,000 won [the principal = 39,200,000 won with interest of 1,200,000 won (i.e., interest of 2,00,000 won to December 2016 - interest of 8,200,000 won repaid - interest of 800,000 won repaid)] and the principal amount of which is 39,20,000,000 won from August 4, 2017 to the day of full payment after serving the original copy of the instant payment order as requested by the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the agreement under the above 1. A. 2 is null and void since it was made by force.

(b) Domins, as above 1. A.

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