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(영문) 대구지방법원 2018.12.19 2018나4749
대여금
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. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff lent KRW 20,000,00 to the Defendant on December 1, 2008 by setting the interest rate of KRW 2% per month and the due date of repayment on March 1, 2009 (hereinafter “instant loan”). Meanwhile, the Plaintiff was paid a total of KRW 26,40,000 from the Defendant for the instant loan as shown below.

The Defendant is obligated to pay the remainder of KRW 20,00,000 on April 12, 2009; KRW 200,000 on July 14, 2009; KRW 200,000 on September 1, 2009; KRW 60,000 on September 3, 200; KRW 30,00 on September 20, 200; KRW 60.38,00 on November 27, 200; KRW 20,00 on June 27, 200; KRW 10,000 on June 14, 201; and KRW 20.3,00 on June 20, 200; and KRW 15,00 on June 14, 201; and

2. The defendant's payment for appropriation

A. The Defendant asserted that, around November 2012, the Plaintiff agreed between the Plaintiff and the Plaintiff that the amount the Defendant paid to the Plaintiff from that time would have been repaid to the principal of the instant loan, and that all the amount the Defendant paid to the Plaintiff from December 28, 2012 to February 3, 2016 would have been repaid to the principal of the instant loan. However, the evidence submitted by the Defendant alone is insufficient to acknowledge this, and there is no other evidence to acknowledge this otherwise, and the Defendant’s assertion of satisfaction of obligation is without merit.

B. An agreement between the plaintiff and the defendant on the appropriation of the above amount.

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