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(영문) 울산지방법원 2016.07.13 2015나22144
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. As to the cause of claim, the Plaintiff loaned KRW 3,200,000 to the Defendant on July 8, 2009, KRW 1,000,000 on September 5, 2009, and KRW 2,000,00 on November 23, 2009 to the Defendant’s account in the name of HUC (= KRW 1,200,000, KRW 2,000,000) by way of remitting each of the Defendant’s loans to the Defendant’s account in the name of HUC, barring any special circumstance, there is no dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff the above loans KRW 3,20,000 ( KRW 2,000,000, KRW 2,000,000) and the damages for delay, barring any evidence supporting this).

2. Judgment on the defendant's defense of payment

A. From November 25, 2009 to June 27, 2012, the Defendant repaid the Plaintiff KRW 3,040,000 in total by remitting the amount of KRW 1,00,000 to the passbook in the Plaintiff’s name (hereinafter “transfer repayment”) on ten occasions from November 25, 2009 to June 27, 201, and around September 2010, the Defendant repaid the amount of KRW 1,00,000 at the Eac shop in Ulsan-gu, Ulsan-gu (hereinafter “the check”).

B. In full view of the facts as to the defense of remittance repayment, as to the statement No. 1 and the purport of the whole pleadings, the defendant has acknowledged that the defendant remitted the sum of 3,040,000 won from the passbook Nos. 2 and 10 to the passbook No. 10,000 in the name of the plaintiff, as shown below, in order to repay the loan of this case to the plaintiff, as shown in the following table of remittance details:

The Plaintiff shall transfer the remittance amount of KRW 190,00 on November 25, 2009, KRW 190,000 on March 20, 201, KRW 300,000 on March 6, 2011, KRW 400,000 on June 27, 2011; KRW 650,000 on January 18, 201, KRW 60,000 on March 6, 2012; KRW 70,00 on March 26, 2012; KRW 80,500 on April 25, 200; and KRW 650,00 on May 29, 200; and KRW 730,50 on May 29, 2005; and

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