beta
(영문) 춘천지방법원영월지원 2016.09.28 2016가단399

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,400,000 and the interest rate of KRW 15% per annum from November 19, 2015 to the date of full payment.

Reasons

In full view of the purport that the Plaintiff loaned KRW 25,400,000 to the Defendant 12 times from November 4, 2008 to May 24, 2010 (i.e., KRW 1,000,000 on November 4, 2008; KRW 1,000,000 on December 2, 2008; KRW 50,000 on December 12, 2008; KRW 6,000 on December 23, 2008; KRW 1,000 on December 26, 200; KRW 1,00 on December 3, 200; KRW 1,00 on May 3, 200; KRW 1,00 on May 13, 200; and KRW 5,00 on May 14, 200; and

Therefore, the defendant is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 19, 2015 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, sought by the plaintiff after the date of loan 25,400,000 won and the plaintiff's loan, barring special circumstances to the plaintiff.

The defendant's argument concerning the defendant's assertion argues that since not only caused mental harm to the child living together in the course of lending the above money to the plaintiff, but also demanded the defendant to be set away, and that the plaintiff provided the above loan to the plaintiff's son and his/her his/her his/her his/her father and his/her father as the repayment of the above loan was made, 8,640,000 won corresponding to the plaintiff's children tuition fee for 36 months (=2 x 120,000 won per month x 36 months) should be deducted.

However, since the defendant did not present any evidence to acknowledge the above argument, each of the above arguments by the defendant cannot be accepted.

The plaintiff's claim for conclusion is justified.