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(영문) 광주지방법원 2019.02.15 2018가단16541
대여금
Text

1. The Defendant’s KRW 60,000,000 as well as 5% per annum from March 24, 2009 to July 2, 2018 to the Plaintiff.

Reasons

1. In full view of the evidence Nos. 1 and 2, the fact that the Plaintiff paid the loan by remitting the amount of KRW 60,000,000 on March 23, 2009 to the Defendant on December 23, 2009, and by remitting the amount of KRW 3,000,000 on the day to the Defendant’s account on the 24th of the same month, can be acknowledged.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 60 million won with 5% interest per annum under the Civil Act from March 24, 2009 to July 2, 2018, the delivery date of a copy of the complaint of this case from March 24, 2009 to July 2, 2018, and 15% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant did not borrow money from the plaintiff, but remitted the money in full to D Co., Ltd. with the above money as the plaintiff's investment loan, and thereafter, the plaintiff claimed that he recovered 30,000,000 won. However, there is no evidence to reverse the plaintiff's loan, and there is no evidence to prove that the defendant paid the money. Thus, the defendant's above assertion is rejected.

3. Conclusion, the plaintiff's claim of this case is justified.

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