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(영문) 서울중앙지방법원 2015.04.17 2014가단5107669

대여금

Text

1. The defendant shall be the plaintiff.

(a) 12,00,000 won and 20% per annum from July 3, 2014 to the date of complete payment.

Reasons

1. The fact that the Defendant agreed to repay KRW 10 million from the Plaintiff on August 22, 201 to the 10th day of each month from August 2011 that the Plaintiff borrowed KRW 40 million from the Plaintiff on the 10th day of each month does not conflict among the parties. The Plaintiff voluntarily acknowledged the repayment of KRW 19 million among the remaining amounts. The amount due until the day after the filing date of the instant lawsuit is due is 12 million. The fact that the date of the payment has arrived at KRW 9 million from the date of receipt of the application for change of the purport of the claim and the cause of the claim as of March 18, 2015 is apparent. As such, the Defendant is liable to the Plaintiff for the payment of KRW 12 million to the Plaintiff on July 3, 2014 at the rate of KRW 200,000,000 and KRW 30,000,000,000 per annum from the following day of the instant lawsuit to the date of payment.

2. The defendant's defense was proved to be exempted from the defendant's obligation to the plaintiff while his/her family living together with the plaintiff and his/her family living together with the plaintiff on April 20, 2013. Since his/her family living together with the plaintiff and his/her family living relationship with the plaintiff was not good, the defendant's defendant's family living together with the plaintiff was inevitably discontinued with the plaintiff on or around April 20, 2013. Since the plaintiff asserted that "the plaintiff's money to be received from the defendant is used for the defendant's living" and the plaintiff exempted the defendant from the defendant's obligation to the plaintiff, it is difficult to believe that the defendant's defendant's family living together with the defendant's family living together with the plaintiff's family living together with the plaintiff, and there is no other evidence to acknowledge it, the defendant's above

3. According to the conclusion, the claim of this case is accepted as reasonable.