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(영문) 대전지방법원서산지원 2019.05.22 2018가단4439
대여금
Text

1. The Defendant: (a) KRW 23.8 million to the Plaintiff and the Plaintiff’s 5% per annum from July 12, 2018 to May 22, 2019.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the evidence No. 1 and No. 2 as to the facts acknowledged by Gap.

On March 2, 2012, the Plaintiff, through C, was issued the loan certificate (as stated in the evidence No. 1-1, the borrower, the borrower, and the loan amount of KRW 20 million) signed by the Defendant on March 2, 2012, and ② on March 7, 2012 (as stated in the evidence No. 1-2, the borrower, and the borrower).

B. Furthermore, according to C’s instructions, the Plaintiff respectively remitted KRW 19 million to D on March 2, 2012, ② KRW 4.8 million to the Defendant on March 7, 2012, ③ KRW 6.5 million to the Defendant on March 30, 2012.

2. Determination

A. The Plaintiff asserts that the Plaintiff loaned KRW 32 million to the Defendant [the amount calculated by deducting the remittance amount of KRW 19 million from March 2, 2012, and KRW 1 million] (200,000,000,000,000 after deducting the remittance amount of KRW 4.8 million from March 7, 2012) (the prior interest which was deducted from the remittance amount of KRW 6.5 million from March 30, 2012 and KRW 5 million from the remittance amount of KRW 6.5 million).

Written evidence Nos. 1, 200,000 won on March 2, 2012 and the same month by only the Plaintiff’s statement of evidence Nos. 1, 1, and 2 to the Defendant

7. It can only be recognized that a loan of 4.8 million won is made without a fixed term of interest and time for payment, and it is not sufficient to recognize the exceeding part of the above money, and there is no other evidence to prove it.

(i) There is no evidence to acknowledge the existence of interest interest or its interest rate claimed by the Plaintiff. In addition, the Plaintiff’s transfer of KRW 6.5 million to the Defendant on March 30, 2012 cannot be deemed as a loan to the Defendant. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 23.8 million (i.e., KRW 19 million) and the following day following the delivery of the instant payment order (i.e., KRW 4., KRW 4.8 million) from July 12, 2018 to May 22, 2019, the delivery date of the instant payment order, from the following day to the date of the instant payment order, to the date of the full payment, 5% per annum under the Civil Act, and from the next day to the date of the full payment.

B. The defendant's assertion

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