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(영문) 서울중앙지방법원 2021.02.18 2020나50661

대여금 등

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. Basic facts

A. The plaintiff is a space between the defendant and the defendant through a meeting of the same club in 2000.

B. On December 29, 2014, the Plaintiff transferred KRW 3,000,00 to the Defendant.

(c)

On August 2, 2011, the Plaintiff lent KRW 10,000,00 to the Defendant on the pretext of his university admission fees (50,000 per month from May 2014) and received monthly interest rate of KRW 90,000 (50,000 per month from May 10, 2015). On September 10, 2015, the Plaintiff lent KRW 10,000,000 to the Defendant’s father’s university as his enrollment fees, and received KRW 70,000 per month.

(d)

On December 2, 2016, the Defendant: (a) at the Plaintiff’s office located in Seocho-gu Seoul Metropolitan Government on Seocho-gu, it was difficult for the Defendant to pay the money for the entrance fees and enrollment fees; and (b) caused the disturbance to the Plaintiff.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of the judgment on the claim for damages, the defendant is liable to compensate the plaintiff for damages equivalent to the consolation money suffered by the plaintiff, since the defendant has committed a tort by bringing the plaintiff a bath and avoiding the disturbance as above.

B. As to the amount of consolation money, it is reasonable to determine 700,000 won as consolation money in consideration of various circumstances, such as health class, the degree of the Defendant’s abusive and disturbing behavior to the Plaintiff, the background leading up to the bath, the appraisal of the Plaintiff’s damage, etc.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 5% per annum as stipulated in the Civil Act from January 1, 2017 to July 3, 2020, which is the date of the first instance judgment, and the date of full payment from the next day to the day of full payment, to the day of full payment, to the day of the first instance judgment, and to pay delay damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. On December 29, 2014, the Plaintiff rendered a judgment on the claim for a loan to the Plaintiff by telephone, while the Defendant would make the Plaintiff make a multi-level payment by telephone. The first 5,000.

참조조문