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(영문) 창원지방법원 통영지원 2018.06.21 2018가합35

대여금 청구

Text

1. The Defendant’s KRW 171,160,000 for the Plaintiff and KRW 5% per annum from April 27, 2018 to June 21, 2018.

Reasons

1. Facts of recognition;

A. On August 22, 2013, the Defendant lent money to the Plaintiff, stating that “The Plaintiff has money to be used urgently, and if the Plaintiff borrowed money with the loan granted under the Plaintiff’s name, he/she is responsible for the repayment of the principal and interest of the loan.”

Accordingly, the Plaintiff received a loan of KRW 80 million from the macro-Central Credit Union on the same day and lent it to the Plaintiff without setting the interest and the due date.

(1) The Plaintiff and the Defendant did not agree to the effect that there was no agreement between the Plaintiff and the Defendant on the interest rate of KRW 80,000,000 on August 22, 2013, and there is no agreement between the Plaintiff and the Plaintiff that there was no agreement on KRW 10,000 on November 20, 2014, and there is no agreement on KRW 10,000 on January 21, 2015, and there is no agreement on KRW 10,000 on KRW 10,000 on February 24, 2015, and there is no agreement on KRW 10,00,000 on KRW 10,00,000 on KRW 10,000,000 on KRW 10,000 on May 15, 2015, and there is no agreement on KRW 10,000,000 on KRW 36,018.6,2015.

B. The Plaintiff lent money to the Defendant in the same manner as above, including lending money as above paragraph (a), on nine occasions (hereinafter “each of the instant loans”) and the specific contents are as listed below.

C. The Defendant repaid 10 million won to the Plaintiff each of the instant loans.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) from August 22, 2013 to August 16, 2016, the Plaintiff lent KRW 281,160,000 to the Defendant for a total of nine occasions; and (b) KRW 110,000,000 paid by the Defendant was interest.

Therefore, the defendant is the principal of the above loan.