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(영문) 서울서부지방법원 2016.08.16 2016가단1741
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from February 5, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The plaintiff was omitted from the defendant. The plaintiff's wife C transferred the amount of KRW 30,000,000,000 to the defendant on August 2003, and KRW 30,000,000 on September 30, 2004 without an agreement on interest rate and due date.

(2) The Defendant: (a) owned an apartment complex of Gyeonggi-si, 102 Dong 1005 (hereinafter “D apartment”); (b) the Plaintiff had the obligation to return the deposit amount of KRW 46 million to the tenants of D apartment; (b) the difference between the market price of the D apartment and the above total amount of the debt amount of KRW 20 million at the time of December 2005 was about KRW 30,000,000,000,000,000 won was about KRW 300,000,000,000,000,000 won; and (c) on December 29, 2005, the Defendant exempted the Plaintiff from the loan amount of KRW 20,000,000,000 to KRW 30,000,000,000,0000,0000,0000,000,000 won was 30,000,0000 won.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The defendant is obligated to pay the above KRW 30 million and its delay damages, since the defendant paid the debt to D apartment on August 2003, but the debt of KRW 30 million on September 2004 has not yet been paid.

B. The defendant.

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