(영문) 서울동부지방법원 2016.12.16 2016가합103260

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(영문) 서울동부지방법원 2016.12.16 2016가합103260

대여금

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1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as KRW 120,000 among them, from September 1, 2016 to the day of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a) each entry of Gap evidence 1, Eul evidence 1, and Eul evidence 1 (including additional statement number);

If the testimony of the witness C and some of the witness C added the purport of the entire pleadings, the Plaintiff’s 250 million won (hereinafter “instant loan”) to the Defendant around September 2013 through the network D around September 2013.

2) The witness C’s testimony appears to be consistent with the Defendant’s assertion that “the Plaintiff has lent the above money to the deceased, and that the said deceased has lent it again to the Defendant” is difficult to believe and there is no other evidence to acknowledge it.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the agreed interest or delay damages calculated at the rate of 30% per annum on the loan of this case 250 million won and the loan of this case 30 million won per annum, except in special circumstances.

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the principal amount of KRW 174 million out of the principal amount of the instant loan remains at KRW 76 million.

B. Determination 1) The Plaintiff, as indicated in the following table of satisfaction of claim, is a person who received a total of KRW 167,400,000 from the Defendant 14 times from November 27, 2013 to May 2, 2014 through the above deceased. Thus, unless there is any evidence to prove that there was an agreement between the original Defendant to cover the above repayment amount with the principal, each of the above repayment amount shall be appropriated in the order of appropriation in accordance with Article 479 of the Civil Act in the expenses, interest, and principal concerning the instant loan. The result of satisfaction of claim is as indicated below. On the other hand, with respect to the Defendant’s repayment of payment exceeding KRW 167,400,000 to the Plaintiff, it is insufficient to acknowledge it with the evidence stated in Eul evidence 1, and there is no other evidence to prove it otherwise.

3. Ultimately, as of August 31, 2016, the principal and interest of the instant loans are as follows.

참조조문

-민법 제479조

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