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(영문) 의정부지방법원 고양지원 2018.05.02 2017가단14218

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 165,00,000 and the interest rate of KRW 15% per annum from December 8, 2017 to the date of full payment.

Reasons

1. The Plaintiff’s claim against Defendant B lent KRW 26,00,000 to Defendant B on February 24, 2015, KRW 10,000 on March 7, 2015, KRW 120,000 on April 6, 2015, KRW 9,000 on August 15, 2015, and KRW 9,000,00 on August 15, 2015, respectively, may be recognized by adding the overall purport of the pleadings to each entry in the evidence No. 1 through 5.

Therefore, Defendant B is obligated to pay to the Plaintiff the sum of KRW 165,00,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 8, 2017 to the day of full payment, as the Plaintiff seeks.

2. The plaintiff asserted that the defendant C, together with the defendant C, borrowed the above money from the plaintiff or conspired to acquire the above money from the plaintiff.

However, as there is no evidence to acknowledge the authenticity, Defendant C’s portion among the evidence Nos. 1 (Evidence) cannot be used as evidence, and there is not sufficient evidence to acknowledge that Defendant C borrowed the said money together with Defendant B or acquired the said money in collusion with Defendant C, and there is no other evidence to acknowledge it. Accordingly, the Plaintiff’s assertion on this part cannot be accepted.

3. According to the conclusion, the plaintiff's claim against the defendant B is accepted, and the claim against the defendant C is dismissed.