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(영문) 울산지방법원 2017.09.08 2017가단1591

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from January 12, 2017 to the day of complete payment.

Reasons

In full view of the purport of the entire argument in Gap evidence No. 1, it can be acknowledged that on December 9, 2014, the plaintiff lent KRW 60 million to the defendant by means of remitting money to the defendant.

(A) The Defendant asserts that the Plaintiff made an investment rather than a loan to the Defendant, but it is difficult to recognize the said money as an investment loan only with the evidence submitted by the Defendant, and if the said money cannot be viewed as a loan, the Defendant is obligated to obtain the said money without any legal cause and return it to the Plaintiff. Therefore, the Defendant is obligated to pay to the Plaintiff the amount calculated by the annual rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 12, 2017 to the day of full payment, as requested by the Plaintiff.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.