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(영문) 서울중앙지방법원 2018.02.22 2017가합548201
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from June 23, 2014 to May 30, 2017.

Reasons

1. Determination as to the principal lawsuit

A. On May 22, 2014, the Plaintiff’s repayment of KRW 40 million to the Defendant on June 22, 2014, which was one month after the due date, and the fact that the Plaintiff was repaid KRW 50 million on June 12, 2014 and October 21, 2014, without any interest agreement, is no obvious dispute between the parties.

According to the above facts, the defendant is obligated to pay the loan amount of KRW 25 million which has not been repaid to the plaintiff and damages for delay, unless there are special circumstances.

B. As to the Defendant’s defense of offset, the Defendant: (a) as to the Plaintiff’s assertion, the Defendant: (b) on March 16, 2015, filed a lawsuit against the Defendant claiming the return of the loan amount of KRW 375 million against Nonparty C by subrogation in the qualification as a joint and several surety; and (c) on the written evidence Nos. 1, 2, 4, 5, 9 and the purport of the entire pleadings, the Defendant’s assertion appears to be equal to that of the above loan claim; (d) on March 26, 2014, the obligee C lent KRW 300 million to the lender; and (e) on March 16, 2015, C filed a lawsuit against the Defendant claiming the return of the loan amount of KRW 375 million to the Defendant; and (e) on March 16, 2015, the Defendant was recognized to have paid KRW 7500,7500,000,000 to the Defendant’s deposit by 251.7.75 billion.

However, as alleged by the Defendant, it is insufficient to recognize the Defendant’s assertion solely on the fact that the Plaintiff entered the loan certificate as the borrower, as seen above, in light of the health care room and the following facts as to whether the Plaintiff borrowed KRW 300 million from C on March 26, 2014. The number of evidence Nos. 8 through 11 is the Defendant.

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