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(영문) 대전지방법원 2015.05.27 2014가합107479
대여금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 203,34,790 and KRW 173,562,211 among them.

Reasons

In addition to the whole purport of the pleadings in each of the Gap evidence Nos. 1, 3 through 6, and Eul evidence Nos. 1, 1 (including a serial number, hereinafter the same shall apply) of the judgment as to the cause of the claim against the defendant B, the plaintiff added [Attachment No. 1] to the defendant B.

(2) The term “loan” refers to each of the following money:

(1) “The date and time of loan/the date on which the loan was made” may be recognized to have lent interest at 24% per annum on each corresponding date as stated.

Defendant B asserts that each of the above loans [Attachment 1] Nos. 26, 31, 34, 40, and 47, 3 million won out of the loans listed in Nos. 64, 5 million won out of the loans listed in No. 70, and 42 million won out of the loans listed in No. 70, not the loans borrowed by Defendant B, but the loans borrowed by Defendant B as a wife of Defendant C by acting as a broker.

Witness

In light of the following circumstances known by the purport of D’s testimony and oral argument, namely, that there is no kind of relationship between D and the Plaintiff, and D’s statement that it borrowed the above money from Defendant B, it is insufficient to reverse the above recognition only with the descriptions of evidence Nos. 1 and 2.

[Attachment B] [Attachment B: The Plaintiff’s loan and repayment details asserted by the Plaintiff]

(2) The term "amount of repayment" in paragraph (2) means the same Table of money.

(1) The term "payment date/interest end date" means the fact that a reimbursement has been received on each corresponding date specified.

Unless there are special circumstances, Defendant B is obligated to pay to the Plaintiff the remainder of the principal and interest calculated by deducting each of the above repayment amounts that the Plaintiff was paid from each of the above loans, interest thereon, or delay damages, and the delay damages for the principal.

The plaintiff asserts that the date and time of loan of KRW 9 million as stated in the [Attachment 1] No. 1 is not July 3, 2007 but July 2, 2007, and on the premise that each of the above repayment amounts is appropriated, if the balance of the principal and interest is appropriated, as shown in the attached Table 2.

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