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(영문) 서울서부지방법원 2017.09.20 2016가단31902

대여금

Text

1. The Defendant’s KRW 77,00,000 and the Plaintiff’s annual rate of KRW 5% from August 7, 2015 to October 25, 2016.

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict between the Parties:

1) The Defendant operated a majority of the accounts. 2) In the course of joining the accounts operated by the Defendant, the Plaintiff loaned a total of KRW 77,000,000 (hereinafter “instant loan” and “the instant loan” from the Defendant’s standpoint as follows.

① (2) KRW 10,00,000 on August 17, 2012; KRW 10,000 on October 25, 2012; KRW 30,00,000 on January 31, 2013; KRW 4.10,000,000 on February 5, 2013; KRW 5,000 on May 3, 2014; KRW 6.10,00,000 on KRW 6.5,00 on May 28, 2013; KRW 8,00,000 on KRW 8.10,00 on September 5, 2013; and KRW 10,00,00 on KRW 810,00 on June 19, 200, 80 on July 10, 207; the Plaintiff was not paid to the Defendant around 10, 2014;

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 77,00,000 of the loan of this case and delay damages calculated at the rate of 5% per annum under the Civil Act from August 7, 2015 to October 25, 2016, which is the delivery date of the original copy of the payment order of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Judgment on the defendant's defense

A. The defendant's defense is proved to the effect that the defendant paid to the plaintiff a total of KRW 5,775,00 as follows.

① ② 825,000 won on September 21, 2012 ② 30.3,000,000 won on November 30, 2012 ③ (8,000,000 won on March 21, 2013 ④ 18,000,000 won on May 24, 2013 ⑤ 3,000,000 won on December 20, 2013 (6) KRW 8,00,000 on December 24, 2013 (7) 8,00,000 won on December 24, 2013 (8,00,000 won) 8,000 won on June 4, 2014 (80,000 won) 9,00 won on October 24, 2014; 10,000 won on October 10, 2014;

B. Determination 1) Gap evidence Nos. 6 through 9, Eul evidence Nos. 1 (including virtual numbers, and the whole purport of each of the statements and arguments), shall be considered as the above 1 through 7, 9, and 00 money from the defendant's account to C and D's children.