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(영문) 대전지방법원홍성지원 2015.07.21 2015가단4948

대여금

Text

1. The Defendant’s KRW 110,000,000 for the Plaintiff and 9.6% per annum from July 2, 2014 to May 11, 2015.

Reasons

1. Basic facts

A. On March 4, 2009, the Plaintiff remitted total of KRW 153,000,000 on several occasions until November 28, 2013, including remitting KRW 30,000 to the Defendant’s account under the name of the Defendant.

B. On November 29, 2010, the Defendant remitted total of KRW 43,000,000 to the Plaintiff’s account under the Plaintiff’s name, including remitting KRW 20,000,000, on three occasions until July 3, 2012.

C. From April 1, 2009 to July 1, 2014, the following month, the Plaintiff remitted money equivalent to 0.8% of the money that the Plaintiff remitted to the Plaintiff at the beginning of each month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff suggested that the defendant would make an investment to C, a credit service provider, in order to lend money, and lent money equivalent to the remittance amount to the defendant. The defendant paid 43,000,000 won out of the loan to the plaintiff (i.e., 110,000 won - 43,000 won - 43,000,000 won) and damages for delay. The defendant is obligated to pay the balance of the loan (i.e., 153,000 won - 43,000,000 won) among the loan to the plaintiff.

However, as C was unable to repay the money due to its default, the Plaintiff made the instant claim to the Defendant. The Plaintiff’s claim is without merit.

B. According to the overall purport of evidence Nos. 3, 1, 2, and 1, and 2, the following facts and circumstances can be acknowledged. In full view of this, the Plaintiff lent money equivalent to the remittance amount to the Defendant at an interest rate of 0.8% per month, and the Plaintiff filed a lawsuit in this case and filed a claim for the repayment of the loan to the Defendant, thereby the period during which the loan was due.

1. The plaintiff is the defendant.