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(영문) 전주지방법원 2017.10.20 2017가합3276
대여금
Text

The defendant's KRW 270,217,260, and about this, 5% per annum from January 1, 2013 to October 20, 2017 to the plaintiff.

Reasons

According to the purport of Gap evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff shall invest in the defendant with the defendant on May 25, 201 in the proceeds that he/she disposed of the land owned by the plaintiff. However, the plaintiff agreed to be paid a sum of KRW 150 million from the defendant until August 31, 201, KRW 50 million until December 31, 201, KRW 50 million until December 31, 201, KRW 100 million until December 31, 201, and KRW 300 million until December 31, 2012, and the defendant acquired the proceeds by disposing of the land owned by the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 300 million and damages for delay.

The defendant's defense is asserted that the defendant agreed to pay KRW 150 million out of the above agreed amount to be paid on the condition that the construction of the C Apartment located in the following City: Provided, That there is no evidence to acknowledge it, and the defendant's defense is not acceptable.

Since the defendant defenses that he/she paid KRW 30 million to the plaintiff as principal, it shall be deemed that the defendant paid the plaintiff the principal on May 27, 2011, and on December 31, 2011, the defendant alleged that it was around December 201, 201 and did not specify the time of repayment. Thus, it shall be deemed that the defendant paid the principal on December 31, 201.

The repayment of KRW 30 million in total shall not be disputed between the parties concerned.

Meanwhile, the Plaintiff and the Defendant agreed on the method of satisfaction of claim

Unless there is evidence that the plaintiff or the plaintiff has designated it, it shall be appropriated by means of statutory appropriation for payment in accordance with Articles 479 and 477 of the Civil Act.

First, the repayment amount of KRW 20 million from May 27, 201 to KRW 130 million out of the agreed amount of KRW 150 million due on August 31, 201, which is due on August 31, 201, remains (i.e., KRW 150 million). The principal amount of KRW 130 million remains (= KRW 150 million - KRW 20 million).

There is no evidence to acknowledge that the agreed amount has not been fully due and that there was an agreement to pay interest, and the interest is the same as the repayment interest, and on August 31, 201.

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