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(영문) 서울중앙지방법원 2019.10.16 2019가단5000343

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that he/she requested the Defendant to lend money through the Defendant through the Defendant, Yong-Nam-Nam, and on September 11, 2017, the Plaintiff determined and lent the amount of KRW 180,000,000 to the Defendant as of KRW 3.8 million per month and the due date on December 31, 2018.

Since the Defendant paid only interest until August 14, 2018 and did not pay the principal and interest of the loan, the Defendant is obligated to pay to the Plaintiff the balance of the leased principal 178,859,778 won and damages for delay calculated by the rate of 24% per annum, which is the highest interest rate under the Interest Limitation Act, within the scope of the agreed interest rate from August 15, 2018.

(b) Evidence A 1 and 2 (including paper numbers; hereinafter the same shall apply)

According to each statement of rent, the Plaintiff sent KRW 180,00 to the Defendant using D’s account on September 11, 2017, using his father’s account, and the Defendant sent KRW 180,000 to E’s account on November 13, 2017 to August 14, 2018. However, the following circumstances are acknowledged to include Gap’s evidence, Eul’s evidence, and Eul’s witness’s testimony, and the Defendant sent KRW 180,000,000 to the Defendant’s account on September 11, 2017, and KRW 380,000,000,000 to the Defendant’s account on September 11, 2017.

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