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(영문) 청주지방법원충주지원 2016.04.06 2015가단7926

계약금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from December 5, 2015 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff loaned a total of KRW 25,000,000 to the Defendant three times from December 7, 2007 to August 6, 2008, and the fact that the Plaintiff urged the Defendant to repay it several times and has not been reimbursed until now is not disputed between the parties or recognized by comprehensively taking account of the respective descriptions and arguments in subparagraphs A and 2 and the purport of all pleadings.

According to this, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 25,00,000 and damages for delay at the rate of KRW 15% per annum from December 5, 2015 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case.

B. On the other hand, the defendant argues that the defendant entrusted the wife C with the management of the passbook under his name and that C borrowed money from the plaintiff, but the defendant also borrowed money from the plaintiff, considering the relationship between the parties, the situation in which the money was deposited in the passbook under the name of the defendant, etc., the defendant seems to have borrowed money from the plaintiff, and the defendant's assertion on the other premise is not accepted.

2. If so, the plaintiff's claim of this case is reasonable and acceptable.