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(영문) 서울서부지방법원 2015.10.26 2015가단20677
대여금
Text

1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 20% per annum from July 4, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 14, 2013, the Plaintiff’s son and the Defendant’s son’s son and son’s son were married, and D’s son and son’s son’s son were living together with the 201 multi-household E-household 201, Goyang-dong, Seoyang-gu, U.S., the D owner without reporting the marriage. The occurrence of

B. On December 11, 2013, the Plaintiff, prior to marriage, lent KRW 30,000,000 to the Defendant’s account by means of remitting from the Plaintiff’s bank account to the Defendant’s account without setting the due date.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 to 3 evidence, or the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 30,000,000 and damages for delay calculated at the rate of 20% per annum from July 4, 2015 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and 15% per annum from the next day to the date of full payment.

B. The judgment of the Defendant’s assertion (1) is that C has paid C with the name of preparation for marriage and mixed marriage, and D has used FF loan No. 201, which is to perform a new marriage as requested by C, the cost of repair, the cost of slaughter, and the cost of returning the lease deposit to the existing lessee.

Therefore, the instant money is only remitted to C, but is not remitted to D by the Plaintiff, and it is not merely lent to the Defendant with the payment of mixed water cost or other pre-assessment.

(2) First of all, it is sufficiently recognized that the instant money was paid to the Defendant since it was transferred from the Plaintiff’s bank account to the Defendant’s account, and as seen earlier, it was sufficiently recognized that the Plaintiff was paid to the Defendant. The Plaintiff is the Defendant.

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