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(영문) 광주지방법원순천지원 2014.05.28 2013가합4389
대여금
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from November 21, 2013 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 (including paper numbers), 3, and 4 as to the cause of the claim, the plaintiff loaned KRW 315,00,000 to the defendant who had operated the D convalescent hospital in the building owned by the plaintiff parent from May 22, 2012 to October 1, 2013 through C through his spouse, without setting the due date for repayment.

With respect to the above loans, the Plaintiff is a person who received KRW 92,00,000 from the Defendant on August 19, 2013, and KRW 93,000,000 on September 17, 2013.

According to the above facts, the defendant is obligated to pay to the plaintiff 185,00,000 won with the remainder of 130,000,000 won (92,00,000 won) with the remainder of 130,000 won (315,00,0000 won - 185,000,000 won) and damages for delay calculated at the rate of 20% per annum from November 21, 2013 to the day of full payment, which is the day following the delivery date of the original copy of the payment order in this case.

2. As to the defendant's argument, the defendant asserts that the above KRW 315,00,000 paid by the plaintiff is not a loan but an investment amount.

There is no evidence to acknowledge it, and instead, according to each of the Gap evidence No. 2 (including the paper number), it is recognized that the disbursement resolution of the Dvalescent Hospital prepared by the defendant to pay the plaintiff the above KRW 185,00,000 to the plaintiff is stated as the "C Loan Repayment".

The defendant's argument cannot be accepted.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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