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(영문) 부산지방법원 2015.01.15 2014가합8595
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 125,584,517 as well as the full payment from June 24, 2014.

Reasons

1. Determination as to the principal lawsuit

A. (1) Determination as to the cause of the claim (1) The Plaintiff’s assertion was performed as the Defendant’s accounting account while working for the trucking transport business. From February 6, 2012 to May 15, 2014, the Plaintiff loaned KRW 318,01,461 as a sum of the amounts stated in the separate sheet “loan” as stated in each of the above loans to the Defendant from February 6, 2012 to May 15, 2014. The Plaintiff received reimbursement of KRW 192,426,944 as stated in each of the above loans.

Therefore, the Defendant’s loan 125,584,517 won (=318,01,461 won - 192,426,94 won) and damages for delay shall be paid to the Plaintiff.

(2) The defendant's assertion that the defendant did not borrow money from the plaintiff, and that the money the plaintiff claimed to have paid to the defendant was invested voluntarily by the plaintiff.

(3) In light of the following: (a) if the Plaintiff paid money to the Defendant with the entire purport of each statement and pleading as set forth in Gap evidence Nos. 1 through 14, the Plaintiff agreed on the distribution of profits from investment, but there is no evidence related thereto; (b) the Plaintiff may recognize the fact that the Plaintiff lent KRW 318,01,461 to the Defendant a sum of the amounts stated in the separate sheet as set forth in the separate sheet, and (c) the Plaintiff was paid a sum of KRW 192,226,944 as stated in the separate sheet as set forth in the separate sheet.

Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff the remainder of KRW 125,584,517, and delay damages therefrom, deducting the amount of KRW 192,226,94 from the amount of KRW 318,01,461.

B. The Defendant’s defense: (a) while managing the passbooks of the Defendant and C, voluntarily withdrawn KRW 113,885,000 from April 18, 2012 to February 19, 2014, and embezzled the Defendant’s money; and (b) if the Plaintiff withdraws the said money for repayment of the loan, from KRW 125,584,517 to KRW 113,85,00,00 for the loan the Defendant claimed.

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