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(영문) 수원지방법원안양지원 2017.04.05 2016가단15318
대여금등
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate from December 15, 2016 to April 5, 2017.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 3 and 5 through 7, the plaintiff has traded money by means of exchanging money with the defendant through the account in the name of the defendant or his/her father C (before the name of the defendant, D) from October 2, 2008, and the defendant borrowed KRW 2 million from the plaintiff around July 2009 to pay KRW 1 million interest per month, including KRW 1 million per month.

"It is recognized that "" has drawn up a certificate of borrowing.

According to the above facts, around July 2009, the Plaintiff and the Defendant entered into a quasi-loan contract for consumption with the aim of a new loan for consumption with respect to the balance of the money remitted by the Defendant from the Plaintiff, and thus, the Defendant is liable to pay the Plaintiff KRW 2.2 million and delay damages.

B. As to whether the Plaintiff leased the Defendant the remainder of KRW 1.2 million (=34.3 million) exceeding the above KRW 2.2 million to the Defendant, it is insufficient to recognize the Plaintiff’s evidence alone, and there is no other evidence to acknowledge it.

C. Therefore, the defendant is obligated to pay to the plaintiff 22,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from December 15, 2016 to the date following the delivery date of a copy of the claim of this case and the application for modification of the cause of the claim of this case, as requested by the plaintiff.

2. Thus, the plaintiff's claim is partly accepted within the extent of the above recognition.

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