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(영문) 부산지방법원 2016.04.26 2015가단49831

대여금반환

Text

1. The defendant

A. 30,00,000 won for Plaintiff A and 24,000,000 won for Plaintiff B and each of them shall be from April 1, 2012 to April 1, 2015. < Amended by Act No. 13508, Apr. 1, 2012>

Reasons

1. Basic facts

A. The Defendant is the former spouse of E, the father of Plaintiff A, the mother of Plaintiff B, and Plaintiff C are the former spouse of Plaintiff E.

B. The Defendant borrowed KRW 30 million from the Plaintiff around November 2003, 200, and around March 22, 2010, 2010, from Plaintiff B, and around August 25, 201, the Defendant borrowed KRW 9.2 million from Plaintiff C, respectively.

C. The Defendant paid to Plaintiff A interest equivalent to the above 0.5% per annum for KRW 30 million (6% per annum) and interest exceeding the above 0.5% per annum for KRW 24 million (6% per annum) to Plaintiff B. D.

On March 24, 2012, the defendant and E have divorced from the defendant around February 2012. On March 24, 2012, the defendant prepared a certificate of borrowing that the defendant will pay a certain amount of monthly installment savings per each borrowed amount in relation to the amount of KRW 30 million against the plaintiff, KRW 24 million against the plaintiff, KRW 9.2 million against the plaintiff, and KRW 9.2 million against the plaintiff.

[Ground of recognition] Gap evidence Nos. 1 (the existence of the original document and the defendant also sought to leave the plaintiff as a custody holder while recognizing the existence of the original document, and therefore the plaintiff's signature cannot be taken out without signing the above loan certificate. However, it is not sufficient to acknowledge the signature only with the statement No. 1, and there is no other evidence to acknowledge it). Gap evidence Nos. 2, 3, 6, 9, 12, witness F's testimony, the whole purport of oral argument.

2. Determination as to the cause of action

A. According to the above facts of recognition as to Plaintiff A and B’s claims, the Defendant issued an annual interest rate of 5% from April 1, 2012 to June 10, 2015 when the original copy of the instant payment order was served on the Defendant, and the statutory interest rate of 30 million won from the next day to September 30, 2015, as prescribed by Presidential Decree No. 26553, Sept. 25, 2015.