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(영문) 서울서부지방법원 2020.09.24 2020가단1120
대여금
Text

1. Defendant B’s 39,578,279 won and the interest rate of 12% per annum from January 10, 2020 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, including the status of the parties, and Defendant B are mutually known, and Defendant C is the children of Defendant B.

B. On May 4, 2015, the Plaintiff received a certificate of loan from the Defendant B to the effect that “Defendant B borrowed KRW 15,000,000 from the Plaintiff at interest rate of KRW 450,000 per annum” (hereinafter “the certificate of loan as of May 4, 2015”). On May 4, 2015, the Plaintiff wired the amount of KRW 15,000,000 to the bank account in the name of the Defendant C. (2) on July 13, 2016, the Plaintiff borrowed KRW 15,00,000 from the Plaintiff on May 4, 2015, and borrowed KRW 10,000 from the Plaintiff on July 13, 2016 to the bank account in the name of the Defendant C. (3).

A. The Plaintiff received a certificate of borrowing (hereinafter “certificate of borrowing”). On July 13, 2016, the Plaintiff transferred the said KRW 10,000,000 to the bank account in the Defendant C’s name.

3) On August 12, 2016, the Plaintiff received a certificate of borrowing from Defendant B, “Defendant B borrowed KRW 5,00,000 from the Plaintiff. Total of KRW 30,000,000, and KRW 15,000 among them, the remainder of KRW 15,000,000 after October 15, 2016 (hereinafter “the certificate of borrowing from August 12, 2016”). The Plaintiff transferred the above KRW 5,00,000 from Defendant B to the bank account in the name of Defendant C on August 12, 2016 (hereinafter “the certificate of borrowing from August 12, 2016”). The Plaintiff borrowed KRW 40,00 from the Plaintiff on March 13, 208.

Interest shall be KRW 1,00,000 per month.

The Plaintiff received a certificate of loan with the effect that it shall be repaid KRW 20,000,000 on December 13, 2018 and that it shall be repaid KRW 20,000,000 until January 15, 2019 (hereinafter “the certificate of loan issued on March 13, 2018”). On April 10, 2018, the Plaintiff remitted KRW 10,000,000 remaining after deducting the previous amount of KRW 30,000 from the bank account under Defendant C’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

(a)the cause of the action;

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