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Reasons
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(영문) 의정부지방법원고양지원 2016.04.20 2015가단91488
대여금
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1. As to KRW 190,500,000 and KRW 150,000 among them, the Defendant shall pay to the Plaintiff the Plaintiff KRW 150,000 from December 1, 2014 to November 24, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned total of KRW 150,00,000 to the Defendant’s account on February 18, 2009, KRW 25,000,000 on February 19, 2009, KRW 23,200,000 on February 23, 2009, and KRW 48,00,000 on February 26, 2009, deducting KRW 22,00,000 as prior interest, respectively.

(hereinafter “instant loan”). (b)

From November 2011 to July 201, the Defendant paid to the Plaintiff KRW 3,000,000 per month as interest on the instant loan, and KRW 1,500,000 per month from the following month to July 2012, respectively, and additionally paid KRW 1,50,000 on November 27, 2014.

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

2. According to the facts of determination as to the cause of the claim, barring any special circumstance, the Defendant seeks to the Plaintiff the interest rate of 190,50,000,00 won (=total of 40,500,000 won with interest rate of 150,500,000 won from August 1, 2012 to October 2014) and the interest rate of 150,000,000 won with interest rate of 150,000,000 won with interest rate of 150,000 from November 1, 2014 to November 24, 2015 (the Plaintiff has the obligation to pay interest rate of 12% from the day after November 18, 2014 to the day after November 18, 2014) with respect to interest rate of 15,010,000 won with respect to interest rate of 15,14,2014.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Defendant’s loan of this case was merely borrowed from the Defendant’s husband, who was the Defendant’s husband, from the Plaintiff, who was his husband, and the Defendant did not borrow from the Plaintiff. Therefore, the Defendant cannot comply with the Plaintiff’s claim.

B. The following circumstances are examined: (a) the facts and the evidence mentioned above and the statement in the evidence No. 1 as well as the purport of the entire pleadings.

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