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(영문) 서울중앙지방법원 2015.01.30 2014가합26526

대여금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 99,534,90 and a rate of KRW 20% per annum from August 23, 2014 to the date of complete payment.

Reasons

1. Marking of the claim; and

A. The Defendant borrowed the Plaintiff’s total of KRW 45 million from October 26, 201 to June 28, 201 under the pretext of the Plaintiff’s intention to have the Plaintiff employed and arrange the Plaintiff’s children.

B. The Defendant borrowed KRW 240,000,000 from the Plaintiff on November 12, 2009, KRW 140,000,000,000 on November 2, 2010, and KRW 30,000,000 on December 30, 2010.

C. On March 3, 2011, the Defendant borrowed KRW 3,00,000,000 from the Plaintiff as the expense for establishing the right to collateral security, and KRW 5,534,90,00 for the installment payments of KRW 5,534,90 on March 7, 201, as the expense for establishing the right to collateral security, and KRW 3,00,000,00 for two parcels, including KRW 4,000,00 for D and two parcels, as the expense for establishing the right to collateral security, on June 4, 2011.

Therefore, the Defendant is obligated to pay to the Plaintiff 29,534,900 won (=241,00,000,000 won) plus the remainder of KRW 196,534,900 (=295,534,900 - 196,534,900 won - 196,534,900 won) that the Plaintiff had already received from the Defendant and the amount equivalent to KRW 20% per annum from August 23, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. Judgment made based on the deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act).