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(영문) 울산지방법원 2018.10.12 2018가단59979
대여금
Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from June 16, 2018 to October 12, 2018 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4, the plaintiff prepared a loan certificate stating that "the plaintiff borrowed KRW 80,000,000 from C to lend it to the defendant, and the loan amount shall be deposited in the defendant's account directly." The plaintiff paid KRW 80,000,000 to the defendant's account on August 6, 2015.

In addition to the above facts of recognition, the following circumstances revealed that the Plaintiff borrowed money from C and borrowed money from C, i.e., the Plaintiff’s lending of money from C, ii) on August 12, 2015, which was after C deposited KRW 80,000,000, and deposited KRW 25,000,000, and KRW 55,000,000 to E on the ground of the land value. ③ The Defendant received from D the ownership of KRW 1,858,000, and KRW 218,00,00,00 from E, and KRW 1,858,00,00,000, the Defendant paid the money from D without compensation, in light of the following circumstances:

B. However, the Plaintiff claimed interest of 5% per annum from August 7, 2015 on the day following the date when the Plaintiff deposited money with the Defendant based on the loan certificate prepared by C, but there is no evidence to prove that the Plaintiff merely borrowed money from C and agreed to pay the same interest with the Defendant.

(The above loan certificate is not prepared by the plaintiff as an internal director of the defendant, but is prepared in the capacity of an individual. Therefore, the loan agreement between the plaintiff and the defendant is deemed not to have specified interest, and thus, the delay damages from the day following the delivery of the complaint in this case

C. Therefore, the Defendant is subject to KRW 80,000,000 for the Plaintiff.

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