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(영문) 부산지방법원 2019.05.09 2018가단16467

대여금

Text

1. The defendant shall pay 181,00,000 won to the plaintiff and 15% per annum from August 22, 2018 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. According to the statements in Gap evidence Nos. 1 and 5, the following facts are recognized:

1) The Plaintiff is deceased C (Death on February 4, 2008, hereinafter “the deceased”).

(2) On November 1, 2006, the Deceased transferred KRW 100 million to the account in the name of the Defendant, Co., Ltd. (hereinafter “Nonindicted Company”) that was operated by the Defendant, but was repaid KRW 50 million by the Nonparty Company around February 9, 2007.

3) After that, on November 21, 2007, the Deceased transferred KRW 100 million again to the account held in the name of the non-party company. 4) Meanwhile, on April 15, 2018, the Defendant prepared and delivered to the Plaintiff a certificate of borrowing “a81 million won borrowed” (No. 5, hereinafter “the instant certificate of borrowing”).

B. In light of the overall purport of the arguments, it is reasonable to view that the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 181 million (the balance of the principal shall be KRW 150 million plus the interest nominal amount) to the Plaintiff at the time of the Defendant’s preparing the instant loan certificate to the Plaintiff, and that the Defendant would pay the Plaintiff KRW 181 million to the Plaintiff as repayment of the money that the Deceased remitted to the account in the name of the Nonparty Company.

C. Furthermore, insofar as there is no evidence to prove that the defendant's repayment period against the plaintiff based on the loan certificate of this case has been fixed, the above debt constitutes a debt for which the deadline has not been fixed, and there is no other evidence to prove that the plaintiff requested the payment of the above debt against the defendant before the delivery of the copy of the complaint of this case, and the defendant bears the duty of delay from the day following

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 22, 2018 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

2. Judgment on the Defendant’s assertion