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Reasons
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(영문) 서울동부지방법원 2016.07.15 2015나6892
대여금
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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 18,089,778 and KRW 11,871,266 among them.

Reasons

1. Obligations for return of loans;

A. If the purport of the entire argument is added to Gap evidence Nos. 1, Gap evidence Nos. 3 through 9, Gap evidence Nos. 12 and 13, and the purport of the entire argument is added, the plaintiff loaned the defendant a total of KRW 7 million on Sep. 29, 2001, KRW 60 million on Feb. 17, 2005, KRW 300,000 on Jan. 26, 2007, KRW 240,000 on Oct. 25, 2007, KRW 200,000 on Oct. 31, 2007, KRW 50,000 on Oct. 28, 2008, KRW 200,000 on Feb. 10, 201, KRW 2038,000 on Feb. 17, 201, and KRW 208,000 on Feb. 28, 2008.

(1) The defendant alleged that there is no dispute over the fact that he borrowed KRW 23.7 million from the plaintiff on the date of the first pleading of the court of first instance, but he asserted that there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake.

(1) The Plaintiff seeks interest of KRW 20,000,000, which is the total sum of the above loans and KRW 23.7 million from January 28, 2008, which is the total sum of the loans, and KRW 20,000,000 from January 29, 2008, and KRW 2,00,00 from February 10, 2009 to February 11, 2009; and KRW 1,700,000 from January 5, 201 to KRW 1,70,00 from January 6, 201, while seeking interest calculated from January 201, 208.

If the purport of the entire argument is added to the statement in Gap evidence Nos. 8 through 12, the plaintiff loaned KRW 5 million to the defendant on January 28, 2008, and the plaintiff agreed with the defendant that "the defendant deposited KRW 310,000 in the plaintiff's savings account (D) around 28th day of each month in order to pay the principal of the total amount of loan KRW 20,000,000,000,000, and the plaintiff signed a fixed savings mutual savings account (Account No. 310,000,000 won in the name of the plaintiff on January 28, 2008, and the plaintiff shall be automatically withdrawn from the above savings account on the 28th day of each month."

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