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(영문) 의정부지방법원 2014.09.02 2014가단7278
대여금
Text

1. The Defendant’s KRW 49,980,00 for the Plaintiff and KRW 5% per annum from December 1, 2007 to March 28, 2014.

Reasons

1. Basic facts

A. The Defendant asked the Defendant to lend money to his her her friendly relationship C and her her her her friendly relationship D, and accordingly, the Defendant borrowed KRW 49,990,000 on April 2, 2007 from the Defendant, who was the deceased’s her son, and KRW 49,990,000 on the following day.

B. The defendant's account at the plaintiff's account of 20 million won on April 19, 2007 and the same year

5.7. The remittance of gold KRW 50 million to the sum of KRW 70,000,000 has been made, and even thereafter, the same year has been made by the plaintiff.

6.4. Gold 10 million won, and the same year.

9. 20. 20. 20. 20. 10 million Won in total and 20 million.

C. The Defendant paid a total of KRW 2,390,000 on eight occasions from April 30, 2007 to November 30, 2007, but did not pay interest thereafter.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the fact that the Defendant’s remaining repayment obligation is acknowledged, the Defendant is obligated to pay to the Plaintiff the amount of KRW 49,980,000 (i.e., the amount of KRW 99,980,000 for borrowed money - KRW 20,000 for repayment - KRW 70,000 for repayment) and thereafter, the Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 1, 2007 to March 28, 2014, the delivery date of the copy of the instant complaint, and from the following day to the date of full payment, 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. (1) The Defendant’s assertion that the borrower is deceased D is asserting that the borrower of the instant money was deceased D, but, as seen earlier, several occasions of monetary transactions between the Plaintiff and the Defendant, namely, the transfer of loans from the Plaintiff to the Defendant, namely, the transfer of loans over four times from the Defendant, and the payment of interest over eight times from the Defendant to the Plaintiff via the Plaintiff’s bank account.

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