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(영문) 춘천지방법원강릉지원 2019.10.22 2019가단33322
대여금
Text

1. Defendant B shall pay 85,00,000 won to the Plaintiff and 12% per annum from June 28, 2019 to the date of full payment.

Reasons

1. The fact that Defendant B borrowed KRW 100 million from the Plaintiff around June 2017 is not a dispute between the parties. Thus, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 85 million with the remainder of KRW 15 million, excluding the remainder of KRW 15 million, for which the Plaintiff was paid, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the date of delivery of a duplicate of the complaint in this case.

Defendant B’s mother, who was in a de facto marital relationship with the Plaintiff, did not receive the living expenses of KRW 1.5 million per month from June 13, 2017 to June 27, 2019, and did not receive the living expenses for 24 months from June 13, 2017, and therefore, Defendant B should be deemed to additionally repay KRW 36 million. However, Defendant B’s assertion is without merit, inasmuch as there is no evidence to acknowledge the aforementioned assertion.

2. The Plaintiff filed a claim against Defendant C with respect to the payment of the above loan and damages for delay by asserting that the Plaintiff lent KRW 50 million to Defendant C from September 2017 to January 2019. However, it is insufficient to recognize the above loan solely with the statement in the evidence No. 2, and there is no other evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed without merit, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and a declaration of provisional execution.

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