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Reasons
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(영문) 서울중앙지방법원 2014.06.13 2013가합45162
대여금반환
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1. The Defendant shall pay to the Plaintiff KRW 158,50,000 and the amount of KRW 100,000 among them, from May 16, 2013 to the date of full payment.

Reasons

1. The parties' assertion

A. On June 22, 2009, the Plaintiff asserted that the Plaintiff agreed to lend KRW 100,000,000 to the Defendant at 2% interest per month, and paid KRW 98,00,000,000, which deducted the interest of KRW 2,000 on the same day.

From July 22, 2009 to July 22, 2010, the Plaintiff did not receive interest of KRW 26,000,000 for 13 months from July 22, 2010 for offset against the part on which the purchase price of goods is to be settled. The Defendant thereafter received interest of KRW 2,00,000 on August 22, 2010, and the same year.

9.22.22.2,00,000 won, 1,50,000 won on October 28, 190 for the same year, and 2011;

2. In addition to the payment of interest of KRW 2,00,000, the principal and interest have not been paid at all.

Therefore, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 160,500,000 (=interest of KRW 60,500,000) and damages for delay for the principal amounting to KRW 100,000,000.

B. The defendant's assertion that the defendant did not borrow KRW 100,000,000 from the plaintiff, and only he received KRW 98,00,000 as a part of the price of the goods. Family affairs, even if the plaintiff's loan claim is recognized, the defendant should offset the claim against the price of the goods that should be paid by the plaintiff.

2. Determination

A. Although the evidence No. 1 of the judgment as to the cause of claim No. 1 cannot be admitted as evidence because there is no evidence to prove the authenticity thereof, comprehensively taking account of various circumstances that were followed by the purport of each of the statements and the entire pleadings as to the evidence No. 2, 4, and 5 as to the cause of claim, the Plaintiff lent KRW 100,000,000 to the Defendant on June 22, 2009 at 2% interest rate (hereinafter “instant loan”), and the fact that the Plaintiff paid KRW 98,00,000,000, which deducted the interest rate of KRW 2,000 on the same day.

Therefore, the Defendant’s principal and interest from June 22, 2009 to April 21, 2013 (i.e., KRW 194,00,000 (i.e., KRW 100,000,000 x 47 months x 0.02) that the Plaintiff paid interest from the Defendant x 35,500,000 = interest 2,000,000 won from July 22, 2009 to July 22, 2010).

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