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(영문) 서울서부지방법원 2016.04.29 2015가단10427

대여금

Text

1. The Defendant’s KRW 160,000,000 as well as 5% per annum from June 16, 2015 to April 29, 2016 to the Plaintiff.

Reasons

In 199, the defendant married with C in 199, who is the plaintiff's children, and together with C who majored in sexual intercourse, led to son who is living in Italy.

The Defendant received each transfer of KRW 10 million from the Plaintiff to the Defendant’s account on December 29, 201, and KRW 150 million on January 18, 2012, from the Plaintiff, among the Defendant returned to Korea with D around 2011 and coming within friendly relations.

The defendant paid the above money as a deposit for the lease of the deposit, and lived with D by leasing 101, 704,00,000 apartment house E, and thereafter, he received the above deposit and used it as living expenses, etc.

(Reasons for recognition: Facts without dispute, Gap 2, 3-1, and 2; the purport of the whole arguments and arguments). The plaintiff, upon the defendant's request that the deposit office is necessary, shall receive interest of KRW 500,000 per month, and lent KRW 160,000 to the defendant. Since the defendant paid interest only until December 2012, the defendant asserts that he/she is obliged to pay KRW 7,50,000 interest for 15 months from January 2013 to March 2015, along with the return of the above loan.

On the other hand, the defendant asserts that the above money was only the money received by C upon request from the plaintiff and the defendant on December 201, 201, and that it was not the loan of the defendant.

In light of the above details, methods, details of use, etc. of KRW 100,000,000, the said money should be deemed to have been jointly lent by the defendant or the defendant and C, and the statement in Section B 4 alone is insufficient to reverse it.

Meanwhile, according to the statements in Gap 4-1 and 2, the defendant was found to have remitted KRW 500,000 or KRW 20,300,000 to the plaintiff each month from February 2012 to December 2013. However, it is insufficient to view that the above facts alone are insufficient to have agreed to pay interest on the above loan by 50,000 won per month. There is no other evidence.

Therefore, the Defendant is obliged to pay the Plaintiff a loan of KRW 160 million and damages for delay after the delivery date of a copy of the complaint.