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(영문) 서울동부지방법원 2018.09.18 2017가단20341
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from October 24, 2017 to the date of full payment.

Reasons

1. If the purport of the entire argument is added to Gap evidence No. 1-1-3 of the judgment on the cause of the claim, and the testimony of the witness C, the fact that the plaintiff set out and lent KRW 10,00,000 on May 8, 2013 to the defendant on June 17, 2013 and monthly interest rate of 3%, and that the plaintiff set and lent KRW 15,000,000 on December 20, 2013 to the defendant on March 20, 2014 and February 20, 2015 and lent KRW 20,000 on January 30, 2015 to the defendant on April 30, 2015 and interest rate of KRW 5%.

In regard to this, the defendant asserts that the person who borrowed money from the plaintiff is not the defendant but C, but it cannot be recognized only by the statement of No. 1, and the above argument is clearly contrary to the statement of No. 1 (each loan certificate), and thus, it cannot be accepted.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45,00,000 and damages for delay calculated at the rate of 15% per annum from October 24, 2017 to the date of full payment, which is the day following the day on which the copy of the instant complaint was served, as the Plaintiff seeks.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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