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(영문) 서울북부지방법원 2018.11.27 2017나4070
대여금
Text

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 fact that the Plaintiff leased KRW 30 million (hereinafter “instant loan”) to the Defendant on October 16, 2014, setting the due date as of March 30, 2015, with the determination on the cause of the claim as of October 16, 2014, does not conflict between the parties or is recognized according to the evidence No. 1.

According to the above facts, the defendant is obligated to pay the loan amount of KRW 30 million and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. As to the defense of debt acquisition, the Plaintiff: (a) transferred the instant loan claim against the Defendant to C who is a printing business partner; and (b) separately from the instant loan claim, C had a printed claim amounting to KRW 25 million against the Defendant; and (c) the Defendant had a claim amounting to KRW 200 million against D as the Defendant transferred the golf course operated by the Defendant to D; and (d) on May 9, 2016, the Defendant concluded an exemption agreement with the Plaintiff on behalf of the Defendant to pay KRW 50 million, including the instant loan claim, to C through the Defendant’s obligee, KRW 300,000,000 including the Defendant’s loan claim, KRW 50,000 on behalf of the Defendant, KRW 50,000,000,000,000,000 to KRW 305,000,000,000,0000,000,000,000).

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