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(영문) 수원지방법원성남지원 2019.02.20 2018가단221675

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from August 18, 2018 to the day of complete payment.

Reasons

1. The parties' assertion

A. The plaintiff asserted that the plaintiff paid 32,500,000 won in cash to the defendant on May 28, 2008, and remitted 70 million won on May 31, 2008, and 17.5 million won on June 1, 2008, respectively, by designating and lending interest of 2.5 million won per month on May 31, 2008, and 70 million won on May 31, 2009, but a promissory note was delivered to the defendant on May 31, 2009, but the defendant did not pay the above loan to the plaintiff. Thus, the defendant is obligated to pay the loan of 70 million won and delay damages.

B. Although the defendant alleged that he was an employee of the plaintiff and prepared a formal loan certificate, the defendant did not borrow money from the plaintiff.

2. According to the purport of each of the statements and arguments as to Gap's evidence Nos. 1 and 3, it is reasonable to view that the defendant, on May 31, 2009, borrowed a promissory note with the amount equivalent to KRW 70 million at least KRW 70 million at the face value of the plaintiff on May 30, 2008, and the due date on May 31, 2009. The fact that the plaintiff's account was transferred from the plaintiff's account to the defendant on May 31, 2008, and the amount of KRW 17.5 million on June 1, 2008 is recognized. According to the above facts, it is reasonable to view that the defendant borrowed a promissory note with the due date on May 31, 2009, which is the due date for payment.

In regard to this, the defendant only prepared a formal loan certificate according to the plaintiff's instruction and did not borrow money, but generally, it is very exceptional to prepare a disposal document stating legal validity, and barring any special circumstance, it is difficult to believe the defendant's argument and there is no other evidence to acknowledge the defendant's argument.

Therefore, according to the Plaintiff’s claim, the Defendant is at the rate of KRW 70 million and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 18, 2018 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.