beta
(영문) 서울서부지방법원 2016.10.28 2016나34582

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The defendant, on June 18, 2009, rejected the plaintiff's letter of "Written rejection."

Amount of 2,000

H. Of the above amounts, Japan shall pay not later than June 30, 2009, and Japan shall pay not later than July 15, 2009.

b. The Plaintiff delivered KRW 15,00,000 to the Defendant on October 29, 2013, on the same day. The Defendant received the said amount on October 29, 2013 from the Plaintiff on the same day.

No later than the end of December 2013, or the end of January 2014, issued a receipt stating that the above amount should be returned to him/her before the end of the year.

hereinafter referred to as "second loan".

(i) [The facts without dispute over the basis of recognition, entry in Gap evidence 1, 2, and 6, and the purport of the whole pleadings.]

2. Determination

A. In light of the fact that the above facts revealed in the determination on the cause of the claim, it is reasonable to view that the Defendant borrowed the above amount from each other, in light of the fact that the Plaintiff and the Defendant drafted the above letter of payment or receipt.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,00,000 (the amount of KRW 15,000,000 for the second loan of KRW 20,000) and damages for delay from the day following the due date for payment of each contract for the loan of KRW 10,000 to the day following the due date for payment of each contract for the loan of KRW 10,000,000 from July 16, 2009; KRW 15,000,000 from February 1, 2014 to May 13, 2015, the delivery date of the complaint of this case; and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of delivery of the complaint of this case to the day of full payment.

B. The judgment of the defendant on the defendant's assertion is not a loan from the plaintiff, but a loan is made to the plaintiff's director's expenses, interior expenses, etc., and the receipt prepared at the second time shall not be a place where the defendant resides in the plaintiff.

참조조문