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(영문) 부산지방법원 2008.01.11 2007나11757
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each part of the statements in Gap 2, 3, 10 evidence 12, 12-1, 2, 2-2, 7-1 and 7-2, Gap 10-5, 6, 11, and 14.

The Defendants, as married couple, jointly borrowed KRW 26,00,000 from the Plaintiff on October 19, 199; KRW 1,000,000 on November 8, 199; KRW 22.3,00,000 on May 19, 200; KRW 10,000 on May 19, 200; and KRW 26,000,000 on July 8, 200 without an agreement on the due date for payment; and

(The plaintiff claimed that interest was set at 2.5% per month, and that the repayment period was set for each of the above loans, but there is no evidence to acknowledge it). (b)

The Defendants repaid to the Plaintiff each of the above loans worth KRW 50,00,00 on October 23, 199, KRW 19,000 on May 19, 200, KRW 600,000 on July 2, 200, KRW 17,800,000 on August 17, 200, KRW 600 on September 17, 200, KRW 1000 on December 5, 200, KRW 10,000 on December 10, 200, KRW 2,000,000 on June 18, 201, KRW 150,000 on September 18, 201, KRW 10,000 on September 1, 200, KRW 1000 on August 10, 200 on the aggregate of the loans.

2. The assertion and judgment

A. The plaintiff asserted by the parties, 1. The defendants

1.(a)

In addition to loans recognized in paragraph (1), other than loans, (2) 3,00,000 won on February 1, 200 (for payment, December 12, 2004), 60,000 won on March 27, 200, and 31, 250,000 won on March 31, 200, and 150,000 won on April 27, 200, more than 4,00,000 won as interest rate of 2.5% on April 27, 200, and (3) through D to the Defendants or the Defendants’ joint and several liability under the Defendants’ joint and several liability amounting to D on June 3, 200 (for payment, interest rate of December 25, 200), the Defendants leased 13,00,000 won on June 3, 20, 200 to the Plaintiff (=30,500 won).

1.(b)

Of the repayment amounts recognized in paragraph (1), the remainder calculated by subtracting the amount of KRW 500,000 on October 23, 1999, KRW 19.500,000 on May 19, 200, and KRW 600,00 on September 17, 200.

(1) The amount of 25,900,000 won was appropriated only for 41,425,000 won with interest on each of the above loans and the interest amount of 15,525,000 won (=41.00 won with interest).

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