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(영문) 수원지방법원성남지원 2017.05.12 2016가단210282

대여금

Text

1. The Defendant’s KRW 24,570,00 for the Plaintiff and 5% per annum from November 8, 2015 to May 12, 2017.

Reasons

Plaintiff

The gist of the claim is that the Plaintiff is running a “D Kinging practice room” in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the Defendant frequently used a karaoke practice room operated by the Plaintiff as a person who operates the restaurant “E” in the above karaoke practice room.

From October 15, 2015 to October 23, 2015, the Defendant: (a) borrowed KRW 24,570,000 from the Plaintiff through F; (b) made the Plaintiff to pay the amount to the Plaintiff by subrogation; and (c) additionally borrowed KRW 3,430,000 from October 24, 2015 to October 25, 2015.

Therefore, the defendant is obliged to pay the plaintiff 28,000,000 won and damages for delay.

Judgment

According to the statement No. 1 of the judgment on KRW 24,570,000 in the statement of payment, the witness F’s testimony and the appraiser G’s written appraisal result, the Defendant: (a) on October 23, 2015, the Defendant borrowed or traded on credit from the Plaintiff from October 15, 2015 to October 23, 2015; and (b) on November 7, 2015, the Defendant provided the Plaintiff with the statement of payment that the Defendant would pay the amount of KRW 24,570,000 to the Plaintiff (hereinafter “instant statement of payment”), and (c) on which this case’s statement of payment was written as a witness, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 24,570,000 in accordance with the instant statement of payment, and delay damages therefrom.

In regard to this, the defendant, at the time of the preparation of the letter of rejection of the payment in this case, did not have the mental ability of the defendant, but had the plaintiff enter the name of the defendant in the letter of rejection of the payment in this case using the defendant's deceptive condition, so the letter of rejection in this case was invalid, but there

Rather, in full view of the above evidence and evidence No. 7-1, the whole purport of the pleadings is as follows: ① The Defendant first raises an objection.