beta
(영문) 서울북부지방법원 2016.10.13 2015가단47584

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 22,00,000 and the interest rate of KRW 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the statements in Gap evidence Nos. 1, 3, 4, 5-1, and 5-2, and the overall purport of Eul's testimony and arguments, it is recognized that the plaintiff loaned to the defendant with a total of KRW 22 million on September 13, 2007, KRW 6 million on March 11, 2008, KRW 22 million on March 11, 2008, the interest rate of KRW 1% on the part of the defendant and April 30, 2008.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 22 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 28, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case to the defendant, as requested by the plaintiff, as the above repayment period.

2. Judgment on the defendant's assertion

A. As to the Defendant’s assertion, the Defendant did not borrow each of the above money, but claimed that it did not have any obligation to respond to the Plaintiff’s claim, since it was obtained as operating expenses for normalization of DHousing Rebuilding Project Cooperatives and used it in accordance with its purpose.

B. However, as seen earlier, the fact that the Plaintiff lent each of the above money to the Defendant is insufficient to reverse the above facts of recognition and to recognize the Defendant’s assertion, and there is no other evidence to acknowledge this, the above assertion by the Defendant cannot be accepted.

3. Accordingly, the plaintiff's claim is reasonable and acceptable.