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Reasons
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(영문) 울산지방법원 2017.08.22 2016가단2009
대여금
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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The parties' assertion

A. As the cause of the Plaintiff’s principal claim, the Plaintiff: (a) paid to the Defendant KRW 20 million on April 15, 2015; (b) KRW 18 million on April 17, 2015; (c) KRW 1.6 million on May 21, 2015; and (d) KRW 53 million on August 26, 2015 after deducting some advance interest and vehicle installment payments, including KRW 3 million on May 21, 2015; and (b) lent KRW 2% on May 17, 2015; and (c) the Defendant lent KRW 20 million on June 22, 2015 without the due date for repayment.

7.22.

8.21.

9. On April 21, 200 KRW 60,00 and KRW 650,000 for interest and KRW 1,250,000 for each four occasions. In the end, the Defendant asserts that on January 21, 2016, the Plaintiff is liable to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum of the agreed interest rate for the sum of KRW 33,00,000 and interest KRW 2,640,000,000 for the outstanding principal and KRW 33,000,000,000 from January 22, 2016 to the date of full payment.

B. The Defendant against the Defendant: (a) provided the Plaintiff with a defense against the principal claim and counterclaim; (b) provided the Plaintiff with money to claim the principal claim by account transfer; (c) on the other hand, the Defendant also lent KRW 20 million from September 25, 2014 to the Plaintiff as interest rate of KRW 2% on November 30, 2014; (d) October 4, 2014; and (e) lent KRW 10,000,000 to the Plaintiff as of January 4, 2015, the remainder excluding KRW 10,000,000,0000,000,0000, which was changed to the lease deposit, without setting the maturity date or interest rate of KRW 5,500,000 on September 25, 2015; and (d) as of August 13, 2015.

9. 4. Each 500,000 won; 5.5.3,500,90 won for May 9, 2015 without a due date; 6.3.11. on March 11, 2015, including KRW 10,80,000 for the purchase of vehicles and KRW 9.68,138 on March 12, 2015; 7.30,00 won for the head of a Tong under the name of C on July 15, 2015; 7.30,00 won for loans, including KRW 10,80,000 for the purchase of vehicles and KRW 9.68,00 for six installment payments, etc. on March 12, 2015; and 8.6,000 won for loans, respectively, under the name of C on June 30, 2015;

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