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(영문) 수원지방법원성남지원 2016.09.27 2016가단4432
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of full payment.

Reasons

1. The Plaintiff asserts that the cause of the claim and determination thereof are loans in the aggregate of KRW 30,00,000,000, remitted to the Defendant on July 20, 201 and July 28, 2011, and claims the return thereof. The Defendant did not borrow the said money from the Plaintiff, but did not claim that the said money was deposited in the Defendant’s account at the request of C when the money to be settled between the manager C of the PC operated by the Plaintiff and the custodian C at the time.

In full view of the overall purport of the pleadings, the Plaintiff sent KRW 30,000,000,000 to the Defendant’s account, including KRW 10,000,000 on July 20, 201, and KRW 20,000 on July 28, 2011, as the lessee’s lease deposit, part of the said money was used by the Defendant as the lessee’s lease deposit, and part of the money was deposited into the Defendant’s account. The evidence (Evidence No. 4) submitted by the Defendant is merely merely a statement that it is not memory, and therefore, there is no evidence that the Defendant actually used the said money. In full view of the above circumstances, it is reasonable to conclude that the Defendant borrowed the above KRW 30,00,000 from the Plaintiff.

2. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 7, 2016 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint.

If so, the plaintiff's claim is reasonable and acceptable.

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