beta
(영문) 의정부지방법원고양지원 2014.12.04 2014가합3986

대여금

Text

1. The Defendant’s KRW 140,000,000 for the Plaintiff and 7.5% per annum from December 19, 2013 to April 29, 2014.

Reasons

1. According to the purport of the entire pleadings as to the cause of the claim Gap evidence No. 1 and No. 2-1 through No. 3, according to the purport of the entire pleadings, the plaintiff has been obligated to pay the amount to the defendant from October 201 while maintaining an internal relationship with the defendant. After December 19, 2013, the defendant, on December 19, 2013, after settling accounts between the plaintiff and the plaintiff about the amount received as above, set at KRW 140 million, with interest rate of KRW 7.5% per annum, with interest rate of KRW 7.5% per annum to pay the amount until December 30, 2014 (hereinafter "the loan certificate of this case"). Accordingly, the defendant is obligated to pay the plaintiff the above loan of KRW 140 million and interest or delay damages.

2. As to the judgment on the defendant's assertion, the defendant alleged that the amount that the plaintiff paid to the defendant is not a loan, but a donation made by the plaintiff, such as sound and a plaque, etc., and there is no evidence to acknowledge this, the defendant's assertion is without merit.

3. Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 7.5% per annum, which is the agreed interest rate, from December 19, 2013, which is the date of the agreement on interest payment, to April 29, 2014, the delivery date of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

Since the plaintiff's claim is reasonable, it shall be accepted, and it shall be decided as per Disposition.