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(영문) 서울남부지방법원 2016.04.05 2015가단48973
대여금
Text

1. Defendant B’s KRW 38.1 million with respect to the Plaintiff, 5% per annum from October 8, 2015 to April 5, 2016, and the following:

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 of the judgment as to the claim against Defendant B, the Plaintiff is obligated to pay 38,100,000 won remaining after deducting the Plaintiff’s 38,90,000 won from the amount of KRW 77,000,000,000 for several times between February 3, 2015 and March 8, 2015.

As to this, Defendant B asserted that he repaid the Plaintiff KRW 45,30,000 among the above obligations, but there is no evidence to prove that Defendant B paid the above obligation exceeding KRW 38,90,000,000,00,000,000,000,00

Thus, Defendant B is obligated to pay to the Plaintiff 38,100,000 won and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 8, 2015 to April 5, 2016, which is the sentencing date of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. The Plaintiff, who borrowed the above money from Defendant C along with the Plaintiff who was the mother of Defendant C, asserts that Defendant C is jointly and severally responsible for the repayment of the above debt. Thus, according to the Plaintiff’s evidence No. 1, the Plaintiff is recognized as having remitted the above money amounting to Defendant C’s account, but it is insufficient to recognize that Defendant C borrowed the above money with Defendant C, and there is no other evidence to acknowledge that the above fact alone is insufficient to support that Defendant C borrowed the above money. Rather, considering the purport of the argument as to the statement No. 1, the Plaintiff was in the relationship with Defendant B, and the Plaintiff was aware of the fact that Defendant C used the above money’s account with Defendant B.

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