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(영문) 의정부지방법원고양지원 2016.05.25 2015가단32953

대여금

Text

1. The Defendant shall pay 10 million won to the Plaintiff at the rate of 15% per annum from October 15, 2015 to the date of complete payment.

Reasons

1. Judgment on the plaintiff's assertion

A. The plaintiff is the author of the defendant's wife (C), and D is the father of the plaintiff and C.

On February 23, 2012, the Plaintiff lent 100 million won to the Defendant on February 23, 2012, and the repayment is a redemption key when the refund of the deposit money for lease on a deposit basis and the sale amount of apartment is commercialized, but the interest is 0.7% per month.

Since then, the defendant paid the remainder of apartment (E area) and sold the previous housing, and the maturity period for the above loan contract has arrived.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 10 million won and the amount at the rate of 15% per annum from October 15, 2015 to the day of full payment, which is the day following the service of the payment order for the amount, as sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that around March 2012, the Plaintiff agreed to use KRW 100 million borrowed by the Defendant as the Defendant’s support fee for the Defendant’s head.

In other words, D around March 201, in order to sell and sell apartment units F 102 306 Dong306 located in Yongsan-gu, Ilyang-gu, Mangyang-si and entrusted the plaintiff with the money, and the plaintiff was to use the money as support fees such as D, etc. around March 2012, the plaintiff was called D's home and the defendant was to use 100 million won borrowed from the plaintiff as support fees, and the plaintiff agreed to this.

B. (1) The following evidence, including evidence Nos. 1 through 4, presented as evidence consistent with the Defendant’s assertion:

Witness

C's testimony: The plaintiff's testimony was defective to the father's house, the witness was admitted to the plaintiff, and the defendant, the husband of the witness, borrowed 100 million won out of the proceeds of the apartment property disposal from the plaintiff, and then proposed that he will use the money for his father, support his father, and that the plaintiff must do so according to his mind.

Witness

D’s testimony: the Defendant’s testimony to the Plaintiff and the Defendant.