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(영문) 서울북부지방법원 2017.11.15 2016나7027
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1.The following facts do not conflict between the Parties:

On September 7, 2010, the Plaintiff transferred KRW 3,000,000 to a national bank account under the name of the Defendant, and on October 7, 2010, remitted KRW 3,000,000 to the above national bank account under the name of the Defendant.

(B) The loan of KRW 6,000,000 (hereinafter “instant loan”). (b)

From the above national bank account under the name of the defendant to the plaintiff on October 8, 2010, KRW 90,000 was remitted to the plaintiff on September 7, 2010 as interest on loans.

In addition, on November 9, 2010, the Plaintiff transferred KRW 180,000 from the bank account under the name of the Defendant to the Plaintiff as interest for the entire loan of this case, and KRW 180,000 from the above national bank account under the name of the Defendant on December 9, 2010.

2. The plaintiff asserts that he lent the above aggregate of KRW 6,00,000 to the defendant, and the defendant asserts that he borrowed the above money.

3. Determination

A. In full view of the following facts in determining the cause of the claim, the instant loan is relatively small, and the Plaintiff confirmed the Defendant’s workplace, etc. and credit, and it is difficult to deem that the Plaintiff had expressed an intent to lend money to C in light of the Plaintiff’s credit status since there was no special relationship between the Plaintiff and C, it is reasonable to deem that the Defendant borrowed the instant loan from the Plaintiff.

Therefore, from April 26, 2016, the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff with respect to the loan amounting to KRW 6,00,000, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to November 15, 2017, which is the date of the sentencing of this case.

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