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(영문) 서울북부지방법원 2015.10.16 2014가단121911
대여금
Text

1. As to the Plaintiff A’s KRW 40 million, KRW 30 million to Plaintiff B, and each of the said money, the Defendant began on September 3, 2014.

Reasons

1. Determination as to the cause of claim

A. In full view of the statements in Gap evidence No. 1-1, 2, and 2 as to the plaintiff's claim and the purport of witness Eul's testimony and all the arguments, the plaintiff agreed to make an investment in and receive a profit from the defendant through the late-time witness D through D, and deposited KRW 20 million in the name of E on January 13, 2012, and KRW 20 million in the name of E, and KRW 20 million in the name of F, and KRW 40 million in the same day into the defendant's account. Since then, the defendant paid KRW 300,000 per month to the plaintiff through D through D for about 10 months.

According to the above facts of recognition, the Plaintiff can recognize that it lent KRW 40 million to the Defendant through D on January 13, 2012. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 3, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.

B. Comprehensively taking account of the Plaintiff B’s written evidence No. 2 and the purport of the witness evidence and the entire testimony and arguments, the Plaintiff agreed to lend KRW 30 million to the Defendant and receive KRW 450,000 per month interest, and the Plaintiff deposited KRW 30,000 on January 25, 2012 into the Defendant’s account. D deposited KRW 30 million per day into the Defendant’s account by July 2012, and the Defendant paid KRW 450,000 per interest to the Plaintiff via D through D.

According to the above facts of recognition, the Plaintiff can recognize that it lent KRW 30 million to the Defendant through D on January 25, 2012. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 3, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.

2. Judgment on the defendant's assertion

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