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(영문) 서울북부지방법원 2015.05.29 2015가단102818

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from January 23, 2015 to the day of complete payment.

Reasons

1. In the instant case where there is no dispute between the parties as to the fact that the Defendant borrowed KRW 30,00,000 from the Plaintiff around January 28, 2013, the Plaintiff asserted that, prior to the original copy of the instant payment order was served on the Defendant, the Plaintiff had already arrived. However, the Defendant agreed to withhold the Plaintiff’s performance of the obligation to return the said borrowed amount until the finance of the private teaching institute operated by the Defendant was normalized, and thus, it is difficult to comply with the Plaintiff’s claim.

2. If the purport of the entire pleadings is added to each part of the records as follows: (a) the loan certificate (A) prepared and delivered by the Defendant from the Plaintiff 30,000,000 won from the Plaintiff is not specified; (b) it can be acknowledged that the Plaintiff notified the Defendant on December 15, 2014 to the effect that the Plaintiff would have repaid the above loan principal by December 15, 2014, when the trust relationship between the Plaintiff and the Defendant was closed between the Plaintiff and the Defendant; (c) even if the Plaintiff understood that the installment payment was made between the Plaintiff and the Defendant on the basis of mutual trust, even if the Plaintiff understood that the installment payment was made by the Defendant on the basis of mutual trust until the time when the loan loan contract was made between the Plaintiff and the Defendant, the payment period for the claim was made before the Defendant was delivered with the original copy of the above loan payment order by demanding the Defendant to return the full amount of the loan; and (d) the Defendant’s assertion that there was no evidence suggesting the above simultaneous repayment of the loan.

3. Therefore, the defendant is the amount of KRW 30,000,000, which is recognized as above to the plaintiff and its payment date.