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(영문) 울산지방법원 2020.05.21 2019가합11735

대여금

Text

1. The Defendant’s KRW 179,807,00 for the Plaintiff and KRW 5% per annum from May 30, 2019 to May 21, 2020.

Reasons

1. Basic facts

A. From January 14, 2002 to April 22, 2004, the Plaintiff remitted total of KRW 330 million to the Defendant over twelve occasions as follows.

On January 14, 2002, 10,000,000 on April 11, 2002; 30,000 on July 8, 2002; 50,000,00 on April 11, 2002; 50,000 on October 14, 200 on May 14, 2002; 30,000,00 on June 30, 200; 6. 30,000,000 on June 30, 200, 200; 6. 30,00,000,00 on September 25, 2007; 10,000 on August 10, 200, 200;

B. The Plaintiff received a total of KRW 40,193,00 from the Defendant during six times from April 21, 2003 to July 5, 2007 by online remittance method. The Plaintiff received KRW 10,000,000 as cash and check, KRW 50,000 as cash and check around October 204, and KRW 50,000 as check, respectively. < Amended by Act No. 11303, Dec. 17, 2012>

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion determined and lent KRW 30 million to the Defendant at 2% per month of interest, and the Defendant paid KRW 150,193,00 as interest only until December 18, 2012, and did not pay interest thereafter.

Therefore, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 30 million and the interest or delay damages from December 19, 2012.

B. The Defendant’s assertion that the Plaintiff transferred KRW 30 million to the Defendant as investment money, not as a loan.

In addition, the money paid by the Defendant to the Plaintiff is not paid as interest for the said money, but some part of the money was lent to the Plaintiff for the cost of marina operation, and some of the money was returned to the Plaintiff.

3. Determination

A. The following facts or circumstances, which can be acknowledged in Gap evidence Nos. 1 through 3 by integrating the purport of the entire pleadings, i.e., the defendant, from January 14, 2002 to April 14, 2004.