(영문) 서울남부지방법원 2020.11.27 2020나52984

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(영문) 서울남부지방법원 2020.11.27 2020나52984

대여금

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

This Court shall reduce the claims.

Reasons

1. Fact-finding;

A. On February 8, 2013, the Plaintiff, at the Defendant’s request, remitted money of KRW 200 million to the Defendant’s account, and the Defendant paid the money transferred on the same day to the said company.

B. Upon the Plaintiff’s request, the Defendant prepared a cash custody certificate to pay KRW 200 million per annum to the Plaintiff at an annual interest rate of 12%.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. According to the facts of the above recognition, even though the defendant is not the actual borrower of KRW 200 million in the Plaintiff’s money, the defendant is obligated to pay the money to the plaintiff according to the legal act, since it prepared and delivered a cash custody certificate to the effect that the plaintiff received the money and agreed to repay the money to the plaintiff.

Even if the Defendant is obligated to repay the above debt, the Defendant has a defense to the effect that the amount was repaid. However, in full view of the purport of the entire pleadings in the statement Nos. 3 through 5 of the evidence No. 3-5, the Defendant’s defense can be acknowledged as having been much less than the amount of interest calculated at the rate of 12% per annum from the date of borrowing the above KRW 200 million to May 10, 2019, by adding the money (20 million) received from the Defendant and the money (9,002,692 won) received from the Plaintiff in the course of voluntary auction of real estate offered as security to C corporation. Thus, the Defendant’s defense is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won and the interest calculated at the rate of 12% per annum, which is the agreed interest rate from May 11, 2019 to the day of full payment, as requested by the plaintiff.

3. The plaintiff's claim for conclusion shall be accepted on the ground of the reasons.

The judgment of the court of first instance, except for the portion that reduced the claim in this court, is just in conclusion, and the defendant's appeal is without merit, and it is dismissed.

In addition, it is necessary.

유사 판례

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-서울중앙지방법원 2020.10.13 2019가단5241816

-서울동부지방법원 2018.05.25 2017가단25308

-서울동부지방법원 2020.07.17 2019가합115806