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(영문) 서울북부지방법원 2018.12.13 2018가단120909

대여금

Text

1. As to KRW 33,93,139 and KRW 15,00,00 among them, the Defendant shall pay to the Plaintiff KRW 33,93,139 from December 30, 2017 to December 13, 2018.

Reasons

1. Determination on the cause of the claim

A. The facts that the Plaintiff lent KRW 15 million to the Defendant without having set the due date for repayment (hereinafter “the instant loan”) do not conflict between the parties, and according to the purport of partial entries and pleadings in the evidence No. 2, it is reasonable to view that the said loan was made around the end of 1996.

The plaintiff asserted that the time of the loan of this case was the end of 1994, but there is no evidence to acknowledge it.

B. The Plaintiff agreed to receive interest calculated at the interest rate of 15 million won per month with the Defendant at the time of the instant loan. However, there is no evidence to acknowledge the agreement. However, the Defendant voluntarily stated to the effect that “The repayment of the instant loan was delayed, and the Plaintiff paid 150,000 won per month as interest, and the Defendant’s business was discontinued due to the so-called IMF economic crisis.” (The Defendant was led to the failure of the Defendant’s business due to the failure to pay the loan, and the payment was suspended on the first day for pleading, as above, at the second day for pleading, the Defendant did not regularly pay interest to the Plaintiff at the second day for pleading, but did not pay the Plaintiff the interest rate of 15 million won per month with the display of the loan, or borne the said entertainment expenses with the Plaintiff, and the Defendant did not have any evidence to acknowledge that the Defendant made a confession with the Plaintiff for the first time after the Defendant’s withdrawal without any error.”