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(영문) 서울남부지방법원 2016.07.15 2016가단11831
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15% per annum from May 4, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 29, 2003, the Plaintiff lent KRW 100 million (hereinafter “instant loan”) to Defendant B, who is Nice, without an agreement on interest and due date for payment, and Defendant B drafted a loan certificate (Evidence A 1) that received KRW 100 million from the Plaintiff.

B. On August 16, 201, in the Plaintiff’s deposit account in the name of Defendant C, the husband of Defendant C, the Plaintiff’s husband, transferred KRW 40 million to the Plaintiff’s deposit account in the name of Defendant C for the repayment of the instant loan.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading

2. Determination as to the claim against the defendant B

A. The Plaintiff asserts that the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 20 million, out of KRW 40 million paid by the Defendants on August 16, 201, to the repayment of interest for eight years. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 80,000,000 in total, and the amount of KRW 5% per annum under the agreement from September 16, 201 to the delivery date of the complaint, and the damages for delay calculated at 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.

Defendant B: (a) repaid the principal amount of KRW 50 million to the Plaintiff; (b) the Plaintiff decided to exempt Defendant B from Defendant B’s obligation through an arbitration of misunderstandings; and (c) the instant loan claim was extinguished by prescription on January 29, 2013 after the lapse of 10 years from the date of loan.

B. (1) Determination (1) In addition to the repayment to the Plaintiff on August 16, 2011, Defendant B paid KRW 10 million separately to the Plaintiff, and the fact that Defendant B stated “payment of KRW 10 million” at the lower end of the loan certificate (Evidence A (Evidence 1) is not in dispute between the parties, and thus, Defendant B’s payment to the Plaintiff is recognized as total KRW 50 million.

On the other hand, as recognized earlier, the Plaintiff lent the instant loan to Defendant B without an agreement on the interest and the due date, and the Plaintiff received the said KRW 50 million and repaid the interest between Defendant B and Defendant B.

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