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(영문) 대전지방법원 2018.10.18 2018가단200478
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 66 million with 15% per annum from August 24, 2018 to the date of full payment.

Reasons

1. The Plaintiff: (a) around June 2015, lent to the Defendant KRW 20 million in cash and KRW 76 million in cash over several occasions from June 2015 to the end of the same year; and (b) KRW 96 million in cash.

From August 1, 2015 to June 30, 2017, the Plaintiff received a sum of KRW 54,677,000 from the Defendant as indicated in the separate sheet, and received KRW 54,677,00 as the national bank account in the name of C (D) (hereinafter referred to as “sub-name account”). Of that, the Plaintiff received KRW 20,000,000 on February 23, 2016 and KRW 10,000 on April 10, 2017 as the principal repayment, and received the remainder as the interest calculated by 15% per annum.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3 (including each number), the purport of the whole pleadings]

2. Determination on the claim

A. According to the above facts, it is reasonable to view the Plaintiff’s above loan obligations against the Defendant as the obligation for which the period of repayment has not been fixed. However, it is determined that the Plaintiff’s remaining loan obligations were due on the delivery of the application for modification of the purport of the instant claim and the cause of the claim, by filing the instant lawsuit seeking the payment of KRW 66 million ( KRW 96 million - 20 million - 10 million).

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 66 million and the damages for delay calculated at the rate of 15% per annum from August 24, 2018 to the date of full payment, which is the day following the delivery of the application for the modification of the claim and the cause of the claim.

Therefore, the plaintiff's primary claim is justified.

(I) If we accept the plaintiff's primary claim, we do not judge the plaintiff's primary claim separately).

In regard to this, the defendant did not borrow money from the plaintiff, but received a request for investment from the plaintiff, and delivered the money to E, F and bond company G operating the gas station, and delivered the proceeds therefrom to the plaintiff.

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