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(영문) 서울남부지방법원 2017.06.13 2015가단243334

대여금

Text

1. As to KRW 54,400,000 and KRW 40,000 among the Plaintiff, Defendant B shall be from December 1, 2015 to February 25, 2016.

Reasons

1. Basic facts

A. On September 4, 2007, Defendant B borrowed interest of KRW 80,000,000 from the Plaintiff as 1% per month upon the introduction of the Plaintiff or D.

B. Defendant B paid to the Plaintiff KRW 800,000,000 each on October 2, 2007 and November 5, 2007 as interest on the said loan.

[Ground of recognition] Evidence No. 1 (excluding the part in Defendant C’s name), Evidence No. 2-1 to 3, the purport of the whole pleadings

2. According to the facts stated in paragraph (1) of the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff 40,000,000 won out of his borrowed money and damages for delay calculated annually by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 30, 2015 (i.e., 4,00,000 won per month) to the sum of KRW 54,40,000 and the above loan principal KRW 40,00,00 per annum from December 1, 2015 to February 25, 2016 (the day on which the complaint of this case was served to Defendant B), as the following day, to the sum of KRW 40,00,000,000 per annum from November 30, 2015 to the day of full payment.

In this regard, Defendant B has a defense that Defendant B paid all the principal and interest obligations of the above loan, but there is no evidence to acknowledge this. Therefore, the above defense is without merit.

3. The plaintiff filed against the defendant C, on September 4, 2007, the defendant C borrowed 80,000,000 won from the plaintiff as 1% per month with the plaintiff's husband with the introduction of the defendant B or D on September 4, 2007. Thus, the defendant C also has the duty to pay the plaintiff the same money as the defendant B under the principle of installment obligations.

The Plaintiff submitted a documentary evidence as to the above alleged facts (No. 1). Defendant C asserted that the part written in the name of the Defendant C out of the above documentary loan was affixed to Defendant C’s seal without permission and affixed it, and that the authenticity was established.

On the other hand, among the above loan certificates, the seal of Defendant C is affixed to the name of Defendant C.