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(영문) 대구지방법원안동지원 2019.09.04 2018가단1452
대여금
Text

1. The Defendant’s KRW 42 million to the Plaintiff, as well as 15% per annum from April 24, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the mother's mother's children, and the defendant is the father's father.

B. On October 21, 2003, the Plaintiff remitted the Defendant a loan of KRW 12 million and KRW 22 million in total to the Defendant, and KRW 30 million in the name of ASEAN, an ASEAN on January 16, 2004, and remitted the loan to the Defendant.

C. On April 27, 2017, the Defendant remitted KRW 10 million to the Plaintiff.

[Ground] Evidence No. 1-3 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's assertion (1) lent 20 million won to the defendant on October 21, 2003, and 30 million won on January 16, 2004, and 52 million won on a total. However, the plaintiff was paid only 10 million won among them. Thus, the defendant should pay the plaintiff a loan of 42 million won and damages for delay.

(2) On October 21, 2003, the defendant asserted that he borrowed 22 million won from the plaintiff.

Since then, the Plaintiff purchased a restaurant in Seoul from the Defendant for ASEAN, and 22 million won out of the purchase price was to substitute the above loan. On January 16, 2004, the Plaintiff paid the remainder of the purchase price to the Defendant 30 million won.

Therefore, the defendant's debt to the plaintiff does not remain any longer.

At around 2015, the plaintiff agreed to give 20 million won to the plaintiff when the plaintiff suffered losses at the restaurant located in Seoul, which was purchased from the defendant.

On the other hand, when the defendant's Dong Dong, who is a partner of the defendant, has the right to receive the transfer money to the defendant, the defendant and E agree to pay the defendant the above 20 million won to E through the accounts of D, which the defendant agreed to pay the plaintiff to the plaintiff through the accounts of D, which will substitute the defendant for the repayment of the defendant's obligation to the plaintiff and E.

Accordingly, on April 27, 2017, the Defendant paid KRW 10 million to the Plaintiff, and paid KRW 20 million to E.

The defendant.

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