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(영문) 부산지방법원 2020.06.24 2019가단312223

대여금

Text

1. The Defendant’s KRW 98,00,000 and the Plaintiff’s 15% per annum from April 17, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is between the deceased C (Death on March 19, 2019) whose spouse is the Defendant’s spouse and the deceased.

B. On March 1, 2017, the Defendant prepared and delivered to the Plaintiff a certificate of loan as indicated in attached Form 1, and the Plaintiff, on the same day, remitted KRW 29.4 million to the Defendant’s account (hereinafter “the first loan”).

C. On September 27, 2017, the Defendant prepared and delivered to the Plaintiff a certificate of loan as indicated in attached Form 2, and the Plaintiff remitted KRW 29.4 million to the Defendant’s account on September 28, 2017 (hereinafter “the second amount”).

On December 22, 2017, the Defendant prepared and delivered to the Plaintiff a certificate of loan as indicated in attached Form 3, and the Plaintiff, on the same day, remitted the amount of KRW 39.2 million to the Defendant’s account (hereinafter “third-party loan”). The sum of the amounts for the first, second, and third-party loan in this case was hereinafter “each of the instant loan”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) on March 1, 2017, the Plaintiff: (b) lent the instant first rent to the Defendant; (c) on September 28, 2017, the instant second rent; and (d) on December 22, 2017, the interest rate of the instant third rent was 24% per annum; and (c) on the date of repayment, the period of repayment was 1 year from the respective lending dates.

However, since the defendant did not repay each of the loans of this case even after the due date has expired, the defendant is obligated to pay the plaintiff the total amount of each of the loans of this case 98 million won and damages for delay.

In addition, the money remitted by the deceased among the money remitted by the defendant and the deceased to the plaintiff is not a loan of this case, but a separate loan to the plaintiff's deceased, and the money remitted by the defendant is a repayment of interest on each loan of this case.

B. The borrower of each of the loans in this case alleged by the defendant is not the defendant but the deceased who is the husband of the defendant.

However, the deceased's respective loans of this case with gambling funds.