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(영문) 서울북부지방법원 2017.04.06 2016가단21749

대여금

Text

1. The defendant shall be the plaintiff.

(a) KRW 30,00,000 and for this, 5% per annum from February 1, 2015 to April 6, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that: (a) on August 27, 2010, the Plaintiff leased the interest rate of KRW 12% per annum to the Defendant on September 17, 2010; and (b) on July 31, 2014, the Plaintiff received interest payment by July 31, 2014; (c) accordingly, the Defendant asserts that the Defendant is liable to pay the Plaintiff damages for delay at the rate of KRW 12% per annum from August 1, 2014 to the date of full payment.

B. As to the Defendant’s assertion, the Defendant asserted that ① (a) the Defendant, not the Defendant, borrowed KRW 30 million from the Plaintiff on August 27, 2010, and delegated the Plaintiff with the authority to dispose of the land owned by C, or paid KRW 2.5 million from April 2009 to May 2013, 200; (b) the Defendant borrowed KRW 25 million from the Plaintiff on March 31, 2009 at interest rate of KRW 1.27.5 million, and thereafter, paid KRW 27.5 million to the Plaintiff, the Defendant asserted that only the amount of the above loan amount of KRW 25 million should be repaid to the Plaintiff.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence evidence Nos. 1 through 6 of the judgment on the cause of the claim, the Defendant remitted 30 million won to the Defendant’s his/her husband’s wife on December 31, 2008, and paid 20 million won to the Defendant on March 31, 2009, and the Defendant agreed to pay 55 million won to the Plaintiff on August 27, 2010, but on September 28, 2010, the payment date was changed to October 5, 2010; again, on December 29, 2014, the fact that the Plaintiff was paid by the Defendant’s wife on December 8, 2015.

According to the above facts of recognition, the Plaintiff lent to the Defendant KRW 30 million on December 31, 2008 without determining interest, and determined the due date as January 31, 2015. ② On March 31, 2009, the Plaintiff lent KRW 25 million to the Defendant at interest rate of 12% per annum and determined the due date as January 31, 2015, and until December 18, 2015, the repayment period of KRW 8 million repaid by the Defendant. < Amended by Act No. 12953, Jul. 31, 2014>