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(영문) 서울북부지방법원 2015.11.03 2015가단22547
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 20,000,000 as well as 20% per annum from May 7, 2015 to the date of complete payment.

Reasons

During the period from July 12, 2009 to November 15, 2011, the Plaintiff loaned KRW 30,000,000 to Nonparty D, but did not receive KRW 28,30,000,00. The Plaintiff agreed to pay KRW 20,000 to Defendant B, who is a child of D on December 13, 2012, and Defendant C, to pay KRW 8,30,000, respectively, may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties or the entire purport of the pleadings in the evidence Nos. 1, 2, and 3.

Therefore, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the above KRW 20,00,000 as well as damages for delay calculated at the rate of 20% per annum from May 7, 2015, following the delivery date of a copy of the complaint in this case, and Defendant C is obligated to pay the above KRW 8,30,000 as well as damages for delay calculated at the rate of 20% per annum from May 5, 2015 to the delivery date of a copy of the complaint in this case.

As to this, Defendant C alleged to the effect that the Plaintiff stated “8,300,000 won” in each of the above statements with the amount to be repaid by the Plaintiff at the time of the preparation of each letter (Evidence A No. 1). Thus, unless there is any evidence to prove that the above Defendant drafted the above statement by coercion of the Plaintiff, the above Defendant cannot refuse to pay the above amount to the Plaintiff solely on the basis of the circumstance alleged above by the Defendant. Thus, the Defendant’s assertion is without merit.

Therefore, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition with the assent of all.

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