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(영문) 대구지방법원경주지원 2015.12.08 2015가단3412
대여금
Text

1. As to KRW 27,045,205 and KRW 7,045,205 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 10,00,000 from July 3, 2012.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim (including the fact that there is no dispute between the parties), the plaintiff extended money to the defendant several times on April 11, 201, and settled loans of KRW 30,000,000 between the defendant and the defendant on April 11, 201, and KRW 10,000 among them, until May 30, 2012, KRW 10,000 until May 30, 2013, and KRW 10,000 until May 30, 2013, 200, KRW 30,000 to be paid in installments from the defendant on May 30, 2014, barring any special circumstance, the defendant is obligated to complete the cash custody certificate with the loans of KRW 30,000,000,0000 to KRW 30,01,000,005.

The Plaintiff sought payment of interest or delay damages from April 11, 201, which is the date when the cash custody certificate was prepared. However, there is no evidence to acknowledge that the Plaintiff agreed with the Defendant to pay interest for KRW 30,00,000 as stated in the said cash custody certificate, and the Plaintiff and the Defendant set the due date for payment on May 30, 201, in installments with the above loan KRW 10,000,000, respectively, as stated above. The fact that the Plaintiff and the Defendant set the due date for payment on May 30, 201, and May 30, 2014, is as seen earlier. Since the Defendant are liable to pay delay damages from the day after each due date, the part exceeding the above recognized portion of the Plaintiff’s above assertion is without merit.

2. The defendant's defense is proved to have paid the plaintiff KRW 3,00,000 on July 2, 2012, and ② from October 2013 to October 16, 2013, the sum of KRW 4,80,000 per month with an installment savings deposit in the name of the plaintiff and KRW 3,80,000 per month in accordance with the agreement with the plaintiff, and paid each of the above money to the plaintiff upon termination.

The fact that the Defendant received reimbursement of KRW 3,000,000 from the Plaintiff on July 2, 2012 is not disputed between the parties, but the data submitted by the Defendant alone.

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