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(영문) 수원지방법원안산지원 2017.05.31 2016가단22288
대여금
Text

1. The Defendant’s KRW 15,800,000 as well as the Plaintiff’s annual rate from August 19, 2016 to May 31, 2017.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts may be acknowledged in light of the overall purport of the pleadings as to the evidence Nos. 1, 2, and 4-1 through 4 of the evidence Nos. 1, 1, 2, and 4, and there is no counter-proof.

(1) On December 23, 2015, the Defendant borrowed 20 million won to the Plaintiff and repaid it.

'The letter of payment (Evidence A No. 1) was drawn up and given to that effect.

(2) After that, the Plaintiff loaned to the Defendant KRW 500,00 to February 20, 2016, KRW 3 million to March 4, 2016, KRW 3 million to May 10, 2016, KRW 3 million to the Defendant, ④ KRW 3 million to July 1, 2016, and KRW 2 million to July 2, 2016, respectively.

B. According to the above facts, barring special circumstances, the Plaintiff is presumed to have lent at least KRW 31.5 million ( KRW 5 million in total, KRW 3 million in total, KRW 3 million in total) to the Defendant, barring special circumstances, and thus, the Defendant is obligated to pay to the Plaintiff KRW 21.5 million in total, claiming that the Plaintiff was not repaid among the above loans to the Plaintiff.

2. Judgment on the defendant's defense of repayment

A. The parties’ assertion (1) The Defendant: ① KRW 500,00 won on October 28, 2015; ② KRW 2 million on February 16, 2016; ③ KRW 4 million on February 29, 2016; ④ KRW 3.2 million on March 7, 2016; ⑤ KRW 3.3 million on March 15, 2016; ② KRW 1.5 million on March 24, 2016; ② KRW 3 million on May 12, 2016; KRW 4.5 million on July 1, 2016; and KRW 3.5 million on July 4, 2016; and KRW 3.5 million on July 4, 2016; and KRW 3.5 million on each of the cash payments.

(2) As to this, the Plaintiff’s KRW 500,000,000 as described in paragraph (1) (1) is drafted on December 23, 2015, before the settlement of the loan between the Plaintiff and the Defendant.

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