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Reasons
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(영문) 부산지방법원서부지원 2020.06.23 2018가단8901
대여금
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1. The Defendant shall pay to the Plaintiff KRW 51,52,003 as well as 12% per annum from October 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2017, the Plaintiff visited the beauty room where the Defendant was on duty as a customer and became aware of the Defendant. From that time, the Plaintiff and the Defendant were to return to around August 2018.

B. On March 1, 2018, the Defendant, on a lease deposit of KRW 80 million and KRW 2.5 million per month of the rent, operated an beauty art room of “E” (hereinafter “instant beauty art room”).

C. On August 8, 2018, the Plaintiff and the Defendant, while settling a monetary transaction relationship up to that time, drafted the camera (No. 3, hereinafter “instant camera”). The Defendant written, on its own hand, the money borrowed from the Plaintiff from the Plaintiff as KRW 68,241,436, and the details are as shown in the separate sheet.

After that, around August 14, 2018, the Defendant sent a message to the Plaintiff and to the Plaintiff that the Plaintiff would pay KRW 63,430,993 more than six months (hereinafter “instant message”).

E. Meanwhile, the Defendant’s account with the Plaintiff KRW 11.40,000,000 on March 24, 2018,

4.6.1 million won;

6.7.2,549,433 won;

7. On September 9, 2019, a total of KRW 16,689,433 was remitted.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, 9, purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim is obligated to lend a total of KRW 68,241,436 to the Defendant and receive a total of KRW 16,689,433, and thus, the Defendant is obligated to pay the remainder of KRW 51,552,00 to the Plaintiff (the principal claim). Even if not, the Defendant agreed on August 14, 2018 to send the instant message to the Plaintiff and pay KRW 63,430,993, and thereafter, the Plaintiff paid KRW 10,000,000 to the Plaintiff. Therefore, the Defendant is obligated to pay the remainder of the agreed amount to KRW 53,430,993.

(Preliminary Claim) 3. Determination of the primary claim (Loan Claim)

A. According to the above facts of determination as to the cause of the claim, the defendant prepared the records of this case.

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