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(영문) 인천지방법원 2015.01.21 2014가합6165
대여금
Text

1. Defendant B: (a) with respect to KRW 365,197,921 and KRW 350,000,000 among the Plaintiff, the period from June 4, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. Comprehensively taking account of the overall purport of the pleadings as to the claim for a loan of KRW 350 million in KRW A, the Plaintiff is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 4, 2014 to the date of full payment, on June 30, 2010, and from March 16, 2014, the Plaintiff notified Defendant B of the return of the above loan. As such, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 350 million per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from June 4, 2014 to the date following the delivery of a copy of the complaint of this case, which appears to have been by the Plaintiff from March 16, 2014 to the date of full payment.

B. The part of the claim for a loan of KRW 210 million is asserted that the plaintiff lent to the defendant B a total of KRW 210 million on March 23, 2007, and KRW 60 million on May 15, 2008, and KRW 210 million on May 15, 2008. Thus, the plaintiff's testimony of the witness C who seems to correspond to the plaintiff's above assertion is difficult to believe it as it is, and it is insufficient to recognize it only with the statement of evidence No. 3, and there is no other evidence to acknowledge it, and this part of the plaintiff's assertion is without merit.

C. The Plaintiff’s claim for damages arising from tort and the claim for restitution of unjust enrichment by designating the beneficiary as Defendant B’s father-child D, thereby inducing the Plaintiff to receive insurance proceeds at maturity if the Plaintiff subscribed to an AIA life insurance policy, thereby causing damage to the Plaintiff, thereby causing the Plaintiff to incur totaling KRW 15,500,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

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