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(영문) 수원지방법원성남지원 2017.10.18 2017가단4767
양수금
Text

1. The Defendant’s KRW 45,00,000 as well as 12% per annum from January 1, 2014 to February 23, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of the claim: ① On November 9, 2006, C has leased KRW 70,000,000 to the Defendant on November 10, 2006, KRW 30,000,000 on January 17, 2011, and KRW 70,000,000 on April 29, 201, and KRW 120,000 on interest rate of KRW 10,00,000 on April 29, 201 (hereinafter “instant loan”); ② The Defendant has leased KRW 10,00,000 on April 20, KRW 20,000 on interest rate of KRW 10,000 on October 10, 205, and KRW 20,000 on May 20, 205, and KRW 200 on May 29, 2010, respectively.

3. 400,000 won, April 2011; and

5. Each 300,000 won, June 4, 200, 300,000 won, July 300, 2011, 400,000 won each month from September 201 to March 2012, 200, 400,000 won, May 1, 2012, 10,000 won, and 40,00 won each month from June 201 to August 2012, 200, 40,000 won each month from October 10, 201 and 40,00 won each month from December 5, 2012, 10, 100,000 won; and 30,00,00 won each month from September 10, 2013, 2003,037, 2013;

7. Each of the costs of KRW 400,000, KRW 500,000 on August 8, 2013, KRW 100,000 on September 1, 2013, KRW 90,000 on October 9, 2013, KRW 500,000 on December 1, 2013, and KRW 1,000 on December 1, 2003, respectively. ③ Separately, the Defendant separately paid KRW 30,00,00 on the repayment of the instant loan, and KRW 5,00,000 on January 4, 201, and KRW 5,00 on January 8, 2014, and thereafter C did not have any dispute over each of the instant loans between the Defendant and the Plaintiff or between the parties’ respective transfers of the loans (i.e., KRW 45,00,00 on January 1, 207).

According to the above facts, the defendant paid 45,000,000 won which was not paid out of the loan of this case to the plaintiff, the transferee of the loan of this case, and the defendant paid the interest of the loan of this case to C last after December 2013.

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