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(영문) 광주지방법원 순천지원 2018.11.01 2018가단73789
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 56,30,000 and the interest rate of KRW 15% per annum from April 28, 2018 to the day of complete payment.

Reasons

1. The Plaintiff’s loan of a total of KRW 56.3 million to the Defendant from August 21, 2013 to January 25, 2014 (hereinafter “instant loan”) does not conflict between the parties, or may be recognized by comprehensively taking account of the respective entries and arguments set forth in subparagraphs A through 7.

Therefore, the defendant should pay 50,630,000 won and damages for delay to the plaintiff, unless there are special circumstances to the plaintiff.

2. The Defendant asserts that he/she paid a total of KRW 10,250,00 to the Plaintiff from October 14, 2013 to September 12, 2016. Thus, according to the purport of each description and all pleadings in subparagraph 2, the Defendant’s payment of KRW 500,000 to the Plaintiff on October 14, 2013, KRW 3050,000 on November 11, 2013, KRW 200,000 on March 17, 2014, KRW 350,000 on April 25, 2015, KRW 200,000 on June 22, 2016, and KRW 40,000 on September 12, 2016 is recognized.

On October 14, 2013, the Plaintiff asserts that, apart from the instant loan, the amount of KRW 5 million paid from the Defendant was repaid to the Defendant in excess of the amount of KRW 5 million.

According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff transferred KRW 3 million to the Defendant’s account, which is the Defendant’s seat, on October 5, 2013, and the withdrawal was made in cash on October 12, 2013, consistent with the Plaintiff’s assertion on the background of lending KRW 5 million. Since the Defendant did not make any specific reply against the Plaintiff’s above assertion, it is difficult to recognize that the amount of KRW 5 million on October 14, 2013 was repaid for the instant loan.

In addition, the Plaintiff asserts that the Defendant received a separate loan of KRW 3050,000 from the Defendant on November 11, 2013.

According to the purport of Gap evidence No. 9 and the whole pleadings, it is acknowledged that the plaintiff withdrawn three million won from the account in the name of D, which was located on October 28, 2013. This is consistent with the plaintiff's assertion as to the reasons for lending the above three million won, and the defendant.

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