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(영문) 대전지방법원 2015.07.23 2015나3523
대여금
Text

1. Of the judgment of the first instance court, KRW 15,200,000 against the Plaintiff and its related thereto from November 8, 2014 to July 23, 2015 against the Defendant.

Reasons

The plaintiff asserts that the defendant is obligated to pay 2,50,000 won (=37,050,000 won - 14,500,000 won) since August 7, 2009 to October 22, 2013, since the plaintiff lent a total of KRW 37,050,000 to the defendant and received a total of KRW 14,50,000 from the defendant, so the defendant is obligated to pay the remaining loans to the plaintiff.

The Defendant asserts to the effect that, between November 30, 2010 and April 8, 2013, the Plaintiff either lent or repaid KRW 21,500,000 in total to the Plaintiff, and that, as the Plaintiff received or borrowed KRW 24,70,000 from June 22, 2011 to October 15, 2013, the Defendant should only pay KRW 3,200,000 (=24,70,000 - KRW 21,50,000) to the Plaintiff.

Facts of recognition

The following facts are not disputed between the parties, or acknowledged in full view of the contents of Gap evidence 1-1 through 10, Gap evidence 2-1 through 5, 7 through 10, Eul evidence 1, 2, and 3, and the whole purport of the arguments and arguments. Each statement of Gap evidence 4-7 shall not interfere with the above recognition.

From August 7, 2009 to October 22, 2013, the Plaintiff lent or repaid to the Defendant a total of KRW 36,700,000 as shown in the attached Table.

During the period from November 30, 2010 to April 8, 2013, the Defendant lent or repaid to the Plaintiff a total of KRW 21,50,000 as shown in the attached Table.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 15,200,000 (=36,700,000 - 21,500,000) and damages for delay at each rate of 20% per annum prescribed by the Civil Act from November 8, 2014 to July 23, 2015, the date following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.

In addition to the amount recognized earlier, the Plaintiff additionally lent KRW 290,000,000 to the Defendant on September 12, 2013, and KRW 60,000 on October 5, 2013.

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