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(영문) 서울북부지방법원 2019.02.19 2018가단20207

대여금

Text

1. The Defendant’s KRW 46,00,000 and the Plaintiff’s annual rate of KRW 5% from September 23, 2018 to February 19, 2019.

Reasons

1. The plaintiff lent 5 million won to the defendant and paid 4 million won to the defendant. Thus, the defendant asserts that the defendant is obligated to pay 46 million won and delay damages to the plaintiff, and the defendant asserts that the above amount was invested in online education business operated by the defendant.

According to the facts that the plaintiff remitted five million won to the defendant's Cbank account on July 4, 2008, there is no dispute between the parties, and according to Gap's evidence Nos. 1 through 3, the defendant operated D Co., Ltd., an online English education company, and the defendant can recognize the fact that he remitted 4 million won to the plaintiff's Ebank account on July 7, 2008. The defendant remitted the money to the defendant's personal account without transferring the money to D Co., Ltd., and the defendant transferred the money to the defendant's personal account without transferring it to D, and the defendant did not either increase capital after receiving the money from the plaintiff or transfer shares to the plaintiff. In full view of the above facts, the plaintiff lent the above money to the defendant.

Therefore, the defendant is obligated to pay to the plaintiff 46 million won with 5% interest per annum from September 23, 2018 to February 19, 2019, and 15% interest per annum from the next day to the day of full payment. Thus, the plaintiff's assertion is justified within the above scope of recognition.

2. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.