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(영문) 부산지방법원 2016.10.26 2016가합45062
대여금
Text

1. The Defendant’s KRW 197,720,00 for the Plaintiff and KRW 5% per annum from June 21, 2016 to October 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff loaned 15,50,000 won to the Defendant from December 2, 2006 to August 2009 (i) from around December 2006 to around July 2008 (i.e., loans of KRW 78,530,00 to the National Bank Account) over 28 times, as shown in the attached Table 1, to the Defendant. (ii) The Defendant repaid 30,00,000 won to the Plaintiff regarding the above national bank account (i.e., loans of KRW 78,530,00 to the National Bank Account) over 30,000 won (i.e., KRW 30,30,000 won (= KRW 25,000,000) from around 31,971; and (ii) from around 200,000 won to around 31,200,3197.

B. The Plaintiff’s loan to the Defendant around April 30, 2010 lent to the Defendant a total of KRW 160 million (= KRW 150 million) KRW 150 million on April 30, 2010 and KRW 160 million on September 15, 2010 (= KRW 150 million).

C. The plaintiff requested the defendant to pay each additional loan to the defendant from time to time, but the defendant did not pay the additional loan.

On November 11, 2015, the Defendant repaid the Plaintiff KRW 5 million out of the above loans.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 19,7720,000 won (i.e., KRW 150,5030,00 won - KRW 11,2310,000 won - KRW 160,000,000) and damages for delay at each rate of 15% per annum as prescribed by the Civil Act from June 21, 2016 to October 26, 2016, which is the date the defendant's delivery date of a copy of the complaint of this case sought by the plaintiff, to dispute the existence and scope of the defendant's obligation, from June 21, 2016 to October 26, 2016, and from the next day to the day of full payment.

3. Conclusion, the plaintiff.

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