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(영문) 서울북부지방법원 2016.04.12 2015가단25652

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from July 14, 2015 to the day of complete payment.

Reasons

1. The party's assertion that the plaintiff claimed that "the defendant lent KRW 30,000,000 to the defendant for the lending of KRW 30,000 to the defendant, and that the defendant lent KRW 25,00,000 to the defendant on May 18, 2009 (hereinafter "the money of this case") to the defendant, while the defendant did not borrow the above money but merely received the above money as the investment money of the civil engineering works, and therefore there is no obligation to return the above money. On the other hand, since the above money was remitted to the defendant's wife D, the amount actually received is KRW 23,00,000,000.

2. Determination

A. As to the character of the instant money, the following circumstances recognized by the purport of the entire testimony, arguments, and testimony of the public health team, E, and C, namely, (i) where a large-scale company is short of funds, the company borrowed funds from another company and received construction payment from the ordering office, and (ii) the aforementioned witnesses stated that “the instant money was paid later, the amount was paid later; (iii) the Defendant was unable to start the construction; (iv) the Defendant paid the amount equivalent to the interest of the instant money to the Plaintiff; and (iv) there was no evidence that the Defendant received the instant money from the Plaintiff as investment money; and (iv) there was no evidence that there was no evidence that the Defendant transferred the money from among the instant money received by the Defendant to D with the order of the Plaintiff; and (v) the Plaintiff did not comply with the order of the Plaintiff.

B. Therefore, the defendant shall make a loan to the plaintiff 25,000.