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(영문) 대전지방법원 2015.03.12 2014가합5535
대여금반환
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 43,282,190 and KRW 30,000 among them, the Defendant (Counterclaim Defendant)’s KRW 43,282,190 on August 12, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 28, 199, the Plaintiff prepared and delivered a loan certificate and a written agreement on repayment (hereinafter “the first loan certificate”) stating that “the Defendant shall pay KRW 30,000,000 to the Defendant, and that “the Defendant shall deposit KRW 30,000,000 from the Plaintiff online (the last day of each month to pay KRW 600,000) is obligated to pay the interest on the same day as the Defendant borrowed on May 31, 2002.”

B. The Plaintiff, who prepared the second loan certificate, remitted the amount of KRW 30,000,000 on October 5, 1999 to the Defendant’s deposit account, and KRW 17,00,000 on November 3, 199.

On July 9, 200, the Plaintiff borrowed KRW 47,000,000 from the Plaintiff on May 28, 1999 and borrowed KRW 47,00,000 over October 5, 199 and December 3, 199, and confirmed the fact that the Plaintiff borrowed KRW 77,00,000 over the total amount of KRW 77,00,000 over three occasions, and the Plaintiff was drafted and issued a certificate of loan and a letter of repayment (hereinafter “the second certificate of loan”).

The second loan certificate does not stipulate the terms of the interest payment agreement.

C. From June 26, 1999 to May 22, 2013, the Defendant remitted total of KRW 102,240,000 to the Plaintiff’s deposit account in the Plaintiff’s wife name as shown in attached Table 1.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including each number), and the purport of the whole pleadings

2. Determination on a claim for return of unjust enrichment among the plaintiff's principal lawsuit and the defendant's counterclaim

A. 1) The plaintiff's assertion as to the cause of the principal claim 1) The plaintiff's claim as to the claim for the return of the principal and interest of the plaintiff's loan shall be the defendant, 2% of interest per May 28, 199, 300,000 won per May 31, 2002, and 30,000 won on October 5, 1999, without due date for repayment, 2% of interest per month, and 17,000,000 won per November 3, 1999 without due date for repayment.

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