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(영문) 서울서부지방법원 2018.01.26 2017가단213909
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,168,742 and the interest rate of KRW 15% per annum from April 7, 2017 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. Facts 1) On January 20, 2012, the Plaintiff loaned KRW 42,168,742 on several occasions up to the credit extension of KRW 7,732 on May 11, 2015, including the Plaintiff’s transfer of KRW 1 million to the Defendant on January 20, 2012, as indicated in the attached Table. 2) On December 11, 2015, the Plaintiff partially refunded KRW 5 million out of the above loans from the Defendant.

[Reasons for Recognition] A without dispute, the fact that the plaintiff is the applicant, each entry in Gap evidence 1 through 9, and the purport of the whole pleadings

B. Accordingly, the Defendant is liable to pay to the Plaintiff damages for delay from the day following the delivery date of the copy of the instant complaint to the day of full payment, as claimed by the Plaintiff (=42,168,742-5 million won) and as claimed by the Plaintiff.

2. The money alleged by the Plaintiff as to the Defendant’s assertion that the Plaintiff lent to the Defendant in this case was at the time of June 2009, and the Plaintiff and the Defendant came to have been close to almost de facto marriage under the premise of marriage until February 2016. The Defendant asserted that, when opening a male funeral store in February 2012, the Plaintiff invested with the Defendant when the Plaintiff would operate the store jointly with the Defendant, and that the Plaintiff did not lend money to the Defendant. However, in light of the date and time of remittance, amount, frequency, and partial return as seen above, it is difficult to view the amount of money that the Plaintiff lent as stated in the loan details of this case as investment money, and that such assertion is inconsistent with the facts recognized as above, and thus, it is not rejected.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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