(영문) 서울동부지방법원 2018.08.30 2018가단2074

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(영문) 서울동부지방법원 2018.08.30 2018가단2074

대여금

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1. The Defendant’s KRW 30,075,00 for the Plaintiff and 5% per annum from February 10, 2018 to August 30, 2018.

Reasons

1. The parties’ assertion asserts that, from April 15, 2015 to July 10, 2017, the Plaintiff claimed for the payment of the above loan and damages for delay, claiming that the amount of the loan and the damages for delay were KRW 42,325,00,000, and the Defendant asserted that, while disputing the borrowed amount, the Plaintiff paid KRW 14,490,000 to the Plaintiff.

2. In full view of the facts without any dispute and the purport of the entire pleadings in the statements in Gap evidence Nos. 1 and 2, the facts can be acknowledged as follows: (a) the amount the plaintiff has not received from the defendant or has not received as a loan from the defendant; (b) the amount the plaintiff has not received as a loan; (c) 2,000,000 won out of the borrowed money on June 3, 2017; (d) 2,000,000 won out of the borrowed money on June 30, 2017; and (e) 5,00,000,000 won beginning on March 15, 2016; and (e) the amount the plaintiff has not received as a loan from the defendant; and (e) the amount the plaintiff has not received as a loan from the defendant; and (e) the amount the plaintiff has not received as a deposit after the receipt of the loan amount of KRW 4,20,000.

Therefore, the Defendant is obligated to pay to the Plaintiff 30,075,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from February 10, 2018, which is the day following the delivery date of a duplicate of the complaint in this case, to August 30, 2018, which is appropriate for the Defendant to dispute over the existence and scope of the obligation, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Each argument of the plaintiff and the defendant is justified within the scope of the above recognition, and each remaining argument is without merit.

3. The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed. It is so decided as per Disposition.

참조조문

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