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(영문) 대전지방법원 천안지원 2017.01.11 2016가단11536
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff asserted that: (a) the Plaintiff: (a) by account transfer via C on July 15, 2013 and October 21, 2013; (b) the Plaintiff paid KRW 20 million in cash around that time; (c) the Plaintiff paid KRW 11 million in cash; and (d) the Plaintiff paid KRW 23 million at the interest rate per month; and (e) the repayment period for payment immediately determined “the Plaintiff’s demand.”

Since then, the defendant paid interest to C with the account on April 28, 2016, but did not pay interest and principal after C died.

Therefore, the defendant is obligated to pay to the plaintiff the principal amounting to KRW 23 million and delay damages for the loan.

B. The Defendant asserted that the Defendant borrowed KRW 10 million from the Plaintiff in 2013, and KRW 20 million from C, 20 million from the Plaintiff, as interest, at the rate of 2% per month.

The Defendant immediately repaid 10 million won in cash to C, and paid 17.6 million won from the Defendant’s account to C’s name, and 12.65 million won from the spouse D’s account to C’s account, and paid 2 million won in cash, and 3 million won in cash, and paid all the Plaintiff’s obligations to the Plaintiff.

2. Determination

A. On July 15, 2013, the Plaintiff paid and lent KRW 10 million to the Defendant by account transfer on July 15, 2013. 2) C paid KRW 10 million to the Defendant around that time, including KRW 2 million on October 21, 2013.

3) The Defendant repaid each of the above loans by means of transferring from the account in the name of the principal and D to the account in the name of C. From October 1, 2013 to March 31, 2016, the Defendant repaid a total of KRW 3,0250,000,00 as indicated in the “amount to be appropriated” in the table for appropriation of performance under the following table for appropriation of performance. [Grounds for recognition] There is no dispute, evidence No. 1 (including each number, and the purport of the entire pleadings).

B. According to the facts of the above recognition of the leased principal, around July 21, 2013 and October 21, 2013, the Plaintiff can be recognized as leasing KRW 20 million to the Defendant by means of direct account transfer or through C.

In addition, the plaintiff is also 3 million won through C.

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