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(영문) 서울중앙지방법원 2018.12.03 2018가단21225 (1)
대여금
Text

1. The Defendant: (a) KRW 100,000,000 to Plaintiff B Co., Ltd. and 5% per annum from August 25, 2018 to December 3, 2018.

Reasons

1. The plaintiff A asserted that he lent KRW 20,000,000 to the defendant on August 16, 2006, but it is not sufficient to recognize only the statement of the evidence No. 1, and there is no other evidence to acknowledge it.

Therefore, the plaintiff A's claim is without merit.

2. Comprehensively taking account of the overall purport of the pleadings as to the claims by Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) and the written evidence Nos. 3 through 5, the Plaintiff Company loaned KRW 20,000,000 to the Defendant on January 1, 2007, and KRW 50,000,000 on January 8, 2007, and KRW 30,000,000 on March 9, 2007, respectively.

Plaintiff

On December 21, 2006, the company asserts that upon the defendant's request on December 21, 2006, the company remitted KRW 20,000 to D who is the former spouse of the defendant.

According to Gap evidence No. 2, the plaintiff company was found to have remitted KRW 20,000,00 to the account in the name of "D" on December 21, 2006, but it is not sufficient to recognize that the above fact of recognition alone lent KRW 20,000 to the defendant, and there is no other evidence to prove otherwise.

Therefore, the defendant is obligated to pay to the plaintiff company a total of KRW 100,000,00 and damages for delay calculated at the rate of 15% per annum under the Civil Act from August 25, 2018, which is the date of delivery of a copy of the complaint of this case, to December 3, 2018, which is deemed reasonable for the defendant to dispute as to the existence and scope of the obligation, as requested by the plaintiff company, from August 25, 2018.

3. The plaintiff A's claim is dismissed, and the plaintiff corporation's claim is partially accepted.

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