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(영문) 인천지방법원 2016.04.06 2015가단10928
대여금
Text

1. The Defendant’s KRW 30,300,000 and the following day shall be 5% per annum from May 22, 2015 to April 6, 2016 to the Plaintiff.

Reasons

1. The Plaintiff loaned KRW 1 million on March 31, 2005, KRW 5 million on May 27, 2005, and KRW 15 million on September 1, 2005 to the Defendant, who is the remaining students, and the Plaintiff remitted KRW 20 million to the securities transaction account under the Defendant’s name on May 28, 2007. The Defendant paid to the Plaintiff KRW 70 million on January 23, 2006, KRW 5 million on November 9, 201, KRW 10 million on May 14, 2012, and KRW 50 million on May 14, 201, there is no dispute between the parties.

2. The plaintiff alleged that he lent 2% interest rate of KRW 41 million to the defendant as interest rate of KRW 2% per month from C, D, etc. However, as the plaintiff's assertion, although the plaintiff lent money to the defendant at a high interest rate of KRW 2% per month from the defendant to the defendant in 2005, the plaintiff merely lent money to the defendant to the defendant in 3 times after lending the money to the defendant in 2005, there is no objective document that the defendant requested performance or filed a lawsuit before the lawsuit was filed, and the plaintiff and the defendant are remaining in 2% interest rate per month. According to the evidence No. 1, the defendant is working in a large enterprise, and there is no need to borrow money at a high interest rate of KRW 2% per month, and there is no evidence to acknowledge that the plaintiff lent money to the defendant at a different interest rate of KRW 2% per month from each item on No. 7.

3. The defendant's assertion that the defendant agreed not to hold the defendant liable for failure of investment while remitting the amount of KRW 20 million to the defendant's securities transaction account for stock investment to the defendant, and therefore, the defendant did not have a duty to return the amount of KRW 20 million to the plaintiff. However, the defendant did not submit the above data that he invested the amount of KRW 20 million in the shares for the plaintiff, and the plaintiff did not otherwise agree that he should not hold the defendant liable for failure of investment.

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