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(영문) 서울중앙지방법원 2019.03.14 2018가단5133444
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from March 1, 2016 to May 28, 2018.

Reasons

1. Basic facts

A. On September 6, 2014, the Plaintiff promised to lend KRW 50,000 to the Defendant the necessary business funds. On October 6, 2014, the Plaintiff instructed C to transfer KRW 50,000 to the Defendant without going through the Plaintiff, thereby lending KRW 50,00 to the Defendant.

(hereinafter “instant loan”). (b) The instant loan

From November 2015, the Plaintiff continuously demanded the Defendant to return the instant loan from November 2015. At that time, the Defendant continues to comply with the Plaintiff’s promise to return the loan.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the defendant is obligated to return 50 million won of the loan of this case to the plaintiff. Accordingly, from March 1, 2016 to May 28, 2018, the delivery date of the original copy of the payment order of this case, 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.

As to this, the defendant asserted that the defendant's 50 million won transferred from C on October 6, 2014 is not only the investment amount of C but also the loan of the plaintiff. However, considering the above evidence, the above money is only the loan of the plaintiff, and it is sufficiently recognized that the defendant promised to return the money to the plaintiff. The above argument by the defendant is without merit.

3. Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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