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(영문) 서울남부지방법원 2015.10.16 2015가단11841
대여금
Text

1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from September 4, 2011 to March 23, 2015 to the Plaintiff.

Reasons

1. Facts of recognition and judgment

A. 1 The defendant is operating the "D" childcare center located in Mapo-gu Seoul Metropolitan Government, Mapo-gu, 2010

2.3. Around March, 200, the Plaintiff, who was aware of the need to operate the above childcare center at the Seocho Agricultural Branch located in Mapo-gu Seoul Metropolitan Government Dongwon-dong, agreed that “If Dong Dong E and F lend money that is necessary for five million won in equal amount, they will receive interest from their students in equal amount of KRW 150,000.”

However, at the time, the above E/F did not request the Defendant to pay money, and E did not live together with the Defendant.

As such, the Defendant borrowed KRW 10 million in total from the Plaintiff to the bank account in the name of E and the bank account in the name of F, respectively.

2) On February 9, 2010, the Defendant: “Around February 9, 2010, the Plaintiff was transferred KRW 30 million from the Plaintiff to the bank account in the name of the Defendant in the name of the Defendant for a few months, with interest added to KRW 1,30,000 per month on the loan of KRW 30,000,000 to the dong E and F, and 30,000,000 won.” Accordingly, the Defendant was transferred from the Plaintiff to the bank account in the name of the Defendant. [The grounds for recognition is without dispute: evidence No. 1 or 4, evidence No. 5-1, 2-2, and the purport of the entire pleadings.”

B. If the factual basis of the board is as above, the Defendant is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from September 4, 201 to March 23, 2015, which is the date of service of a copy of the complaint of this case, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, as the Plaintiff seeks.

2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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