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(영문) 인천지방법원 2016.11.23 2015가단68194

대여금등

Text

1. The Defendant shall pay to the Plaintiff KRW 29,190,315 and the interest rate of KRW 15% per annum from January 8, 2016 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. On August 6, 2014, the Plaintiff lent KRW 5 million to the Defendant on the grounds that there is no dispute between the parties, and the Plaintiff was repaid to the Defendant on August 20, 2014.

B. In full view of the purport of each of the statements and arguments as stated in subparagraphs 2 and 6 above, the Plaintiff and the Defendant, if the Plaintiff lent the credit card to the Defendant, the Defendant agreed to use the credit card and pay the card price to the Plaintiff, and the Defendant used the credit card in the name of the Plaintiff and paid the card price from November 1, 2014 to November 15, 2015, are recognized.

C. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a loan of KRW 3 million and KRW 26,190,315, total amount of KRW 29,190,315, and damages for delay calculated at the rate of 15% per annum from January 8, 2016 to the day of full payment, as the Plaintiff seeks.

2. The Defendant’s defense was to work in C, which was operated by the Plaintiff from March 2014 to March 2015, and the Plaintiff and the Plaintiff agreed to use the credit card instead of receiving the payment of KRW 5 million between November 2014 and March 2015, thereby excluding KRW 5 million out of the said card price.

The defendant's defense is without merit, since there is no evidence to acknowledge it.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.