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(영문) 서울중앙지방법원 2015.07.23 2013가단314663
손해배상(기)
Text

1. The Defendant’s KRW 78,00,000 and its related amount are 5% per annum from July 19, 2013 to November 7, 2014 to the Plaintiff.

Reasons

1. Indication of request: To be as shown in the attached Form;

(cite of Claim). [In the absence of dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1-5, Gap evidence 5, 8 through 10]

2. The defendant's assertion asserts that KRW 78,00,000, out of KRW 81,000,000 claimed by the plaintiff, was donated to the plaintiff and KRW 3,000,000 was borrowed from the plaintiff.

It is insufficient to recognize that the Plaintiff donated KRW 78,00,00 to the Defendant solely on the basis of the descriptions of Eul 1 to 20 evidence, Eul 22-1 to 14, and there is no other evidence to prove otherwise.

(B) According to the statement in Eul evidence No. 21, Sep. 28, 2013, the plaintiff extended KRW 3,000,000 to the defendant on September 28, 2013 and received the repayment thereafter. However, the plaintiff did not claim KRW 3,00,000 by reducing the purport of the claim as to this part. Therefore, the defendant's assertion is without merit.

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