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(영문) 수원지방법원 2016.11.16 2016나5709
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Summary of the parties' arguments

가. 원고 원고의 커피솝에서 근무한 경력이 있는 피고가 모자라는 전세보증금을 빌려달라기에 2012. 6. 5. 20,000,000원을 피고에게 송금하는 방법으로 대여하였다.

Therefore, the defendant is obligated to pay to the plaintiff who seeks the return of the above loan the loan principal of KRW 20,000,000 and damages for delay.

B. The Plaintiff, who was the Defendant’s relationship, operated the Plaintiff’s coffee shop from December 2, 201 upon the Plaintiff’s recommendation, and was liquidateding the relationship with the Plaintiff, and only received KRW 20,000,000 as the price for labor and living expenses or consolation money.

2. In full view of the purport of the entire pleadings as to Gap evidence Nos. 2, 3, and 13, it is acknowledged that the plaintiff lent KRW 20 million to the defendant on June 5, 2012, and the fact that the duplicate of the complaint of this case stating the declaration of intent to return the above loan was served on the defendant on December 11, 2012 is apparent in the record. As such, the defendant is liable to pay to the plaintiff the amount of KRW 20 million and delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 12, 2012 to the date of full payment, which is the day following the day when the duplicate of the complaint of this case was served on the defendant.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.

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