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(영문) 서울중앙지방법원 2017.04.13 2016가단5158074
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from April 14, 2017 to the date of full payment.

Reasons

1. The plaintiff asserted that he/she entered into a loan agreement with the defendant on his/her own, and leases a total of KRW 200,000,000 on September 15, 2015, including KRW 100,000,000 on October 14, 2015, and KRW 200,000 on October 14, 200,000 on interest rate of KRW 1% per month without setting the due date, and on March 2016, he/she was paid KRW 50,00,000 out of the above loan principal from the defendant on March 2016, the defendant is obligated to pay the remainder of the loan principal to the plaintiff as well as interest or delay damages.

The defendant asserts that the other party who entered into a loan agreement and borrowed money is not the plaintiff but the plaintiff's husband, and the defendant paid KRW 100,000,000 among the above loans.

2. Determination

A. In full view of the existence and scope of the Plaintiff’s loan claims against the Defendant, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 2 (this case’s testimony is recognized, and there is no dispute that the documents were falsely drawn out by C and the Defendant after the instant lawsuit is pending, and there is no evidence to acknowledge it), Eul evidence No. 3, and the purport of the entire pleadings in the testimony of witness C, the Plaintiff and the Plaintiff’s husband C (hereinafter “Plaintiff’s husband and wife”) jointly repaid to the Defendant 10,00,000 won on September 15, 2015, and on October 14 of the same year, 10,000,000 won with interest rate of KRW 20,000,000 as interest rate of KRW 10,000,000,000,000 to the Defendant without setting the principal of the loan to 10,000,000 won between the Plaintiff and the Defendant 2016.

In addition, unless there are special circumstances, the plaintiff and C, as a legal couple, share of 1/2 of the loans of this case.

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