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(영문) 창원지방법원진주지원 2019.05.28 2018가단38849
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from November 6, 2018 to the date of full payment.

Reasons

1. The Plaintiff asserted that the Defendant lent KRW 100,00,000 to the Defendant on November 16, 2015, and thus, it may be recognized by adding up the respective entries in the evidence Nos. 1 and 4 and the overall purport of the pleadings, namely, the following circumstances, the Plaintiff deposited KRW 100,000 with the Defendant’s account on November 16, 2015, and the establishment registration of a mortgage was completed under the Defendant’s spouse’s name. This is without dispute between the parties.

Furthermore, in full view of the fact that the Defendant regularly deposited money in the Plaintiff’s account from January 29, 2016 to November 8, 2017, it is reasonable to deem that the Plaintiff lent KRW 100,000,000 to the Defendant on November 16, 2015.

In regard to this, the defendant alleged that the above KRW 100,000,000 is an investment amount to C, not a loan to himself, but a loan to him. However, the entries in the evidence Nos. 1 through 11 submitted by the defendant alone are insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.

Therefore, the defendant is obligated to pay to the plaintiff 10 million won and the damages for delay calculated with 15% interest rate under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 6, 2018 to the day of full payment, which is the day following the delivery date of the original copy of the payment order against the plaintiff.

2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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