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(영문) 서울북부지방법원 2017.01.20 2016가단122932
대여금
Text

1. The counterclaim Defendant: 12,420,00 won to the counterclaim and 5% per annum from May 21, 2016 to January 20, 2017.

Reasons

1. Facts of recognition;

A. The counterclaim, without interest agreement, lent to the counterclaim Defendant the amount indicated in the “loan Date” column in the “Loan Date” column in the separate sheet, and the counterclaim Defendant repaid to the counterclaim the amount indicated in the “Loan Amount” column in the same list on the same date.

B. In order to secure the 10,000,000 won borrowed from the Counterclaim Plaintiff on or around June 2010 (hereinafter “No. 1 claim”) and the 10,000,000 won borrowed on or around December 17, 2011 (hereinafter “No. 2 claim”), the Counterclaim Defendant drafted and issued to the Counterclaim Plaintiff a certified electronic document of promissory note amounting to KRW 20,000,000 at face value as No. 744 of the Asia 2012.

C. On December 29, 2015, the counterclaim Defendant deposited KRW 8,090,50 with the Counterclaim Plaintiff as the principal deposit account in the Seoul Northern District Court Decision 2015 (Seoul Northern District Court Decision 6165) as of December 29, 2015, and written a notarial deed of promissorysory notes with the 20,000,000 won borrowed from the principal deposit account on February 17, 2012 as the cause of deposit. The notarial deed was written from February 29, 2012 to May 8, 2014, and then transferred KRW 19,909,50 from February 29, 2012 to the remainder of KRW 8,090,50 from May 8, 2014.

The counterclaim Defendant recovered the deposit money on the same day.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 5, 6 (including paper numbers), Eul 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the counterclaim Defendant is obligated to pay 12,420,000 won (45,750,000 won - 33,330,000 won) and damages for delay to the counterclaim. 2) The counterclaim asserts that, at the request of the counterclaim Defendant, the counterclaim Defendant lent 50,000 won to C by means of paying 50,000 won on behalf of the counterclaim Defendant on April 12, 2010.

According to the statement in Eul evidence No. 1, the fact that the counterclaim paid KRW 500,00 to C on April 12, 2010 is recognized, but the said money is lent to the counterclaim defendant.

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