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(영문) 서울중앙지방법원 2014.07.04 2013가단5010867

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from March 22, 2013 to the day of complete payment.

Reasons

1. In full view of the statements in Gap evidence Nos. 1 through 4 as to the cause of the claim, and the purport of the entire pleadings in witness Eul's testimony, the plaintiff lent 20,000,000 won to the defendant on September 1, 2012 equivalent to 30,000 won in Maka, and the defendant at the time paid 30,000,000 won to the plaintiff and borrowed the above money.

According to this, the defendant is obligated to pay 30 million won and damages for delay to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion only borrowed nine million won from the plaintiff, and also borrowed it for the purpose of gambling, and the plaintiff was aware of it.

Therefore, since a loan agreement between the plaintiff and the defendant is null and void as an act of anti-social order, the defendant is not obligated to pay nine million won to the plaintiff.

B. The facts that the Defendant borrowed USD 200,000,000 from the Plaintiff, equivalent to KRW 30,000,000 from the Plaintiff are as seen earlier.

In addition, even though it is unclear whether the Defendant borrowed money as above, even if he used money for gambling as such, there is no evidence to acknowledge that the Plaintiff knew of it and lent money to the Defendant.

Therefore, the defendant's above assertion is not accepted.

3. Thus, the defendant is obligated to pay to the plaintiff 30 million won and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 22, 2013 to the day of full payment, which is the day following the delivery of the complaint of this case. Thus, the plaintiff's claim of this case is justified.