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(영문) 창원지방법원마산지원 2015.10.07 2015가단987

대여금

Text

1. The Defendant: KRW 30,000,000, and 12% per annum from January 10, 2015 to October 7, 2015, respectively, to the Plaintiff.

Reasons

1. According to the reasoning of the judgment as to the cause of the claim Gap 1 and 2 and the fact-finding results and the purport of the entire pleadings, the defendant borrowed KRW 30 million from the plaintiff on May 14, 2010 from the plaintiff on May 14, 2010 and determined the rate of KRW 1% per annum (12% per annum) and July 31, 2010 with the maturity of payment period. The evidence submitted by the defendant alone lacks to reverse the recognition, and there is no other counter-proof.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the agreement rate of 12% per annum from January 10, 2015 to October 7, 2015, the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff with respect to the above loan amount of KRW 30 million and damages for delay calculated by the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

The Plaintiff asserts that, in addition to the above loans, the Defendant lent KRW 10 million on May 3, 2010, and KRW 5 million on June 1, 2010, respectively, to the Defendant. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the above additional loans, and there is no other evidence to prove it otherwise, the above assertion is without merit.

2. The defendant's argument regarding the defendant is that the above KRW 30 million is the money that the defendant sold real estate to C and received as the purchase price. Since C would settle the loan in the future of the plaintiff with the loan certificate in the future, it is merely a formal loan certificate and it is not a real loan. The loan certificate is invalid because it was made by a declaration of intention, not a true intention. However, the evidence submitted by the defendant alone is insufficient to acknowledge the above argument, and there is no other evidence to prove it, the above argument is without merit.

3. As such, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.