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(영문) 서울중앙지방법원 2014.09.19 2014가단143257

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 20% per annum from May 30, 2014 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statement No. 1, the Plaintiff may recognize the fact that the Plaintiff lent KRW 24,00,000 as the purchase price of the automobile to the Defendant on July 18, 2007 without a payment period and interest agreement. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,00,000 and damages for delay at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 30, 2014 to the date of full payment, as sought by the Plaintiff.

2. As to this, the Defendant became aware of the Plaintiff through his own land C, and C intended to borrow the purchase price of a motor vehicle from the Plaintiff, and received 24,000,000 won from the Defendant’s account under two parties’ agreement, and delivered it to C. However, there is no evidence to acknowledge it, the Defendant’s assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.