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(영문) 춘천지방법원 강릉지원 2018.08.28 2017나32623
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was KRW 11,382,000 by lending money to the Defendant from around 2010 to around 2012, and the sum of the remaining loans was KRW 11,382,00.

In addition, from March 2, 2014 to January 15, 2015, the Plaintiff extended a total of KRW 18,300,000 to the Defendant on five occasions without setting each interest.

On the other hand, the Plaintiff received total amount of KRW 11,128,640 from the Defendant over 35 times from December 25, 2012 to October 26, 2016 with respect to KRW 10,00,000 (hereinafter “divided loan”) out of the amount loaned before November 2, 2013 (hereinafter “divided loan”), and received payment in installments. The Plaintiff received total of KRW 5,051,100 from the Defendant for the remainder of the loan.

Therefore, the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 14,630,90 (i.e., KRW 11,382,000, KRW 18,300,000 - KRW 10,000,000 - KRW 5,051,100) and delay damages.

B. As of November 2, 2013, the Plaintiff asserted that the remaining loan amount remaining at the time of November 2, 2013 was KRW 11,382,00,000, such as divided loan, etc., which had not been repaid by the Defendant as of November 2, 2013. The following facts and circumstances can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the evidence Nos. 1 and 2 (including the serial numbers), namely, ① the Plaintiff lent KRW 10,00,000 to the Defendant by November 2, 2013, and the Plaintiff asserted that the remaining loan amount was KRW 1,382,00,000, which had not been repaid by the Defendant and had not been reimbursed by the Defendant, and ② the Plaintiff demanded the Defendant to pay the debt amount on May 15, 2017, and only KRW 10,000,000, which had not been reimbursed for KRW 1,382,000,000.

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