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(영문) 인천지방법원 2014.08.08 2013가단38540

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from January 1, 2011 to the date of full payment.

Reasons

1. Basic facts

A. A. On December 9, 2008, the Defendant: (a) around December 9, 2008, written a loan certificate of KRW 25,000,000 with the content that the Defendant borrowed KRW 25,00,000 to C (hereinafter “the first loan certificate”); and (b) on December 19, 2008, written a loan certificate of KRW 25,000 (the evidence No. 1-2; hereinafter “the second loan certificate”) with the content that the Defendant borrowed KRW 25,00,000 to C.

B. From March 25, 2009 to June 2, 2011, the Defendant paid C totaling KRW 24,000,000 as follows:

(1) on March 25, 200, 200, 200, 300, 300, 200, 300,000 on April 3, 2009, and 4. 11, 200,00, 300,000 on June 11, 2009, and 5. 1,000,000 won on October 9, 200, 6. 28, 200, 30,000, 6. 10,000, 6. 10,000, 200, 6. 3,000, 6. 1, 200, 200, 8. 3,000, 1,000, 8. 1,000, 200, 3,000, 9, 2010

C. C died on January 25, 2012, and there was a plaintiff who is his heir.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 9, Eul evidence 2 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) around December 2008, the defendant borrowed KRW 25,000,000 from C for the first use and KRW 25,000,000 for the second use and KRW 25,000 for the second use, and paid KRW 1,00,000 for the interest rate of KRW 24% per annum. Among them, the defendant paid KRW 24,00,000 for the interest rate of KRW 24,00 for the second use.

Therefore, the defendant is obligated to pay to the plaintiff as inheritor C the interest or delay damages calculated at the rate of 24% per annum from January 1, 201 to the date of full payment, which is the 24-minute interest payment day paid by the defendant.

(2) The defendant's assertion is agreed to refund the first rent with C on December 19, 2008.