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(영문) 서울서부지방법원 2016.07.21 2016가단5965
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 187,50,000 as well as 15% per annum from February 16, 2016 to the full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 6 (including additional numbers) and the argument as to the cause of the claim, the plaintiff loaned KRW 200 million to the defendant on June 13, 2014 without setting a deadline, and the defendant issued an electronic tax invoice of KRW 100 million on June 27, 2014 to the plaintiff in relation to the B electrical construction contract, and paid KRW 5 million on September 5, 2014, but the plaintiff has not yet paid KRW 2.5 million to the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff 187,50,000 won [=(200,000,000 won 2,500,000 won) - (10,000,000 won) - (5,000,000 won)] and damages for delay calculated by the ratio of 15% per annum from February 16, 2016 to the full payment day under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 16, 2016 to the full payment day] as requested by the plaintiff.

I would like to say.

2. As to the defendant's assertion and judgment, the defendant requested the plaintiff to lend KRW 100 million to the plaintiff. The plaintiff asserts that if 100 million won is transferred to the defendant due to the necessity of accounting, the plaintiff would deposit the money to the standby power company (hereinafter "PPJ"), and if the fact of payment is confirmed, he would again transfer the money to the defendant, 100 million won, and thus, he actually borrowed KRW 100 million from the plaintiff, but not borrowed KRW 200 million from the plaintiff, and the amount to be paid to the plaintiff is only KRW 85 million.

According to the evidence evidence Nos. 3 and 4, the plaintiff remitted KRW 13:32:46 on June 13, 2014 to the defendant, and the standby power deposited KRW 14:50:555 million on the same day to the plaintiff, KRW 15:15:42 billion on the same day, KRW 15:16:28,00 on the same day, and KRW 15:16:28,00 on the same day, and KRW 16:26:04 on the same day. However, according to the evidence No. 5 and No. 6, the plaintiff may recognize the fact that he remitted KRW 100 million to the defendant on the same day.

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