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(영문) 수원지방법원성남지원 2016.04.22 2015가단15930
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from June 11, 2015 to the date of complete payment.

Reasons

1. Comprehensively taking account of the descriptions of Gap evidence Nos. 1 through 6 (including a branch number), Eul's witness's testimony, and the whole purport of the plaintiff's testimony as to the cause of the claim, the plaintiff lent KRW 50,00,000 to the defendant under the name of the defendant used for the bid bond for an auction (around July 14, 2014, the Incheon District Court D; hereinafter "the auction of this case") which was tendered in the defendant's name at a cafeteria of the Incheon District Court (around July 14, 2014). The evidence Nos. 1 and 2, and the witness E's testimony alone are insufficient to reverse this recognition.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 50,00,000 and the amount of delay damages at the rate of KRW 15% per annum from June 11, 2015 to the date of full payment, which is obviously a day after the delivery of a copy of the complaint of this case.

2. The defendant's assertion that the plaintiff is not the defendant but E, but the person who borrowed money. However, in light of the following circumstances acknowledged in light of the aforementioned evidence, i.e., the defendant and E, etc. requested the plaintiff to borrow money from the auction of this case to the plaintiff several times to raise funds short of E, but the plaintiff cannot be trusted and refused to do so. ② The plaintiff lent KRW 50,000,000 to the defendant's place where the defendant who offered the auction of this case had to hear the statement that the factory operation and credit are good, and ③ the above KRW 50,000,000 is used as the successful bid price to be paid by the defendant at the auction of this case.

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

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