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(영문) 서울중앙지방법원 2017.05.17 2016나72572
대여금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on loan claims

A. There is no dispute between the parties to the determination of the cause of the claim, or comprehensively taking account of the overall purport of the arguments as to Gap evidence No. 1 and No. 3-9, the defendant prepared and delivered a loan certificate stating the remaining loan amount of KRW 21,00,000 and interest at 24% per annum (hereinafter “the loan certificate of this case”) as of February 25, 2015, while the defendant borrowed money from the plaintiff several times and traded money to repay it. Meanwhile, the defendant received KRW 5,00,000 from the defendant on March 30, 2015 from the above loan of KRW 5,00,000 as a person who is the plaintiff.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 16,00,000 (=21,000,000 - 5,000,000) and interest or delay damages thereon.

B. As to the Defendant’s assertion, the Defendant asserts that, from June 27, 2014 to the date on which the loan certificate of this case was prepared, the Defendant borrowed all KRW 21,00,000 from the Plaintiff four times every time from the Plaintiff, and repaid KRW 10,00,000 among them, and that, at the time of the preparation of the loan certificate of this case, the obligation to the Plaintiff remains only 11,00,000,000.

In full view of the purport of the argument in subparagraph 1, the Defendant received KRW 21,00,000,000 from the Plaintiff on June 27, 2014, 6,000,000,000 on July 7, 2014, and KRW 26,5,000,000 on December 26, 2014, and KRW 25,000,000 on December 12, 2014, and received KRW 25,00,00,00 from the Plaintiff on August 28, 2014, including KRW 5,00,00,000, KRW 5,000 on September 5, 2014, KRW 10,000 on the aggregate of KRW 5,00,000 on September 26, 2014, KRW 200,00 on the evidence 25,04 of Seoul District Prosecutors’ Office, and paid KRW 315,5,5,5,31.41.

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