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(영문) 대구지방법원 상주지원 2021.02.16 2020가단8905
대여금
Text

The plaintiff's claim is filed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On March 22, 2016, the Plaintiff agreed to pay KRW 30 million with the Defendant and to lend KRW 50 million in total to the Plaintiff.

On August 22, 2017, the Plaintiff lent KRW 17 million to the Defendant.

B. The Defendant paid to the Plaintiff KRW 86 million on March 6, 2020, and KRW 22 million on March 13, 2020.

[Ground for recognition] Unsatisfy, B 1, the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties: (a) paid the Defendant interest of KRW 50 million on March 10, 2017; (b) KRW 19.5 million on June 9, 2017; and (c) KRW 24% on August 22, 2017; and (d) received reimbursement of KRW 18 million from the Defendant; and (b) thus, the Defendant would have received reimbursement of KRW 18 million on account of payment of the said amount, the Plaintiff would have paid the principal of KRW 37530,134.

The argument is asserted.

As to this, the Defendant merely borrowed KRW 50 million from the Plaintiff on March 22, 2016, and KRW 17 million on August 22, 2017, and did not borrow KRW 19.5 million on June 9, 2017, and agreed at KRW 13% per annum, and agreed at KRW 86 million on March 6, 2020, and KRW 22 million on March 13, 2020.

3. The Plaintiff lent KRW 19.5 million to the Defendant on June 9, 2017, which was determined by the lower court.

The argument is asserted.

On March 10, 2017, Party A3 unilaterally prepared by the Plaintiff, and it is difficult to believe that the part of the loan amounting to KRW 50 million is inconsistent with the bank data (the transfer of KRW 30 million to the bank account on March 22, 2016).

It is difficult to accept the defendant's assertion that the defendant has discarded the loan certificate at the request of the defendant without being repaid.

It is not sufficient to admit the above assertion only by Gap, and there is no other evidence to acknowledge it.

The plaintiff's assertion on this part is not accepted.

The Plaintiff asserts that the interest amounting to KRW 50 million on March 10, 2017 and KRW 17 million on August 22, 2017 is 24% per annum.

In line with this, Gap 3 unilaterally transfers bank data (B 1, 200,000,000 won) to the bank account (C 1,000,000 won) on March 10, 2017, the loan of KRW 50,000,000 from March 22, 2016.

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