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Reasons
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(영문) 청주지방법원충주지원 2015.11.25 2015가단2648
대여금
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1. The Defendant: (a) KRW 28,990,000 for the Plaintiff and 5% per annum from April 23, 2015 to November 25, 2015; and (b) the Plaintiff.

Reasons

1. Fact-finding;

A. On September 5, 2005, the Plaintiff paid to the Defendant the remainder of KRW 210,000 after deducting the interest rate of KRW 210,00 from KRW 20,000,000, the remainder of KRW 210,000 shall not be included in the loan), on November 4, 2005, KRW 10,000,000 on November 16, 2005, KRW 10,000,000 on November 24, 2005, and KRW 10,000,000 on November 24, 2005, and KRW 5,000 on December 8, 200, KRW 5,000 on December 5, 200, KRW 9,000 on the remainder of KRW 5,00 on September 9, 205, 200 on the loan of KRW 9,5,000.

B. After January 17, 2006, the Defendant paid to the Plaintiff a total of KRW 67,100,000 as indicated in the separate sheet on the repayment statement in the attached sheet on the repayment of the above loan.

[Reasons for Recognition] Facts without a partial dispute, entry in Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion was 40,100,000 won out of the Defendant’s total amount of 67,100,000 won as interest on the loan, and the remainder of 27,000,000 won was repaid as principal.

Therefore, the Plaintiff alleged that the loan principal that has not yet been repaid was KRW 31,990,00 (=total loan amounting to KRW 58,990,000) (i.e., KRW 60,000), but thereafter, acknowledged that the loan principal was KRW 58,990,000 as of December 9, 200, as seen earlier at the date of pleading on October 7, 2015.

B. The gist of the Defendant’s assertion did not have an interest agreement between the Plaintiff and the Defendant, and the Defendant’s debt was fully repaid and extinguished.

3. Determination

A. According to the Defendant’s assertion that there was no interest agreement, the Defendant paid a greater amount of money than his/her own debt, and it is difficult for the obligor to pay more money than his/her own debt easily, and as seen in the separate sheet, the Defendant does not exceed KRW 1,200,000 to the Plaintiff before and after the 17th day of each month, as seen in the separate sheet of repayment.

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