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(영문) 서울북부지방법원 2017.01.12 2016가단123300
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from June 11, 2016 to the date of full payment.

Reasons

In full view of the statements in Gap evidence Nos. 1 through 9, witness Eul's testimony and the whole purport of the arguments, the defendant's intervenor decided to open a restaurant at the first floor E-gu Seoul Metropolitan Government around September 2014, and asked the plaintiff who was a partner with his remaining students due to the lack of construction cost at the time for the plaintiff's lending of the construction cost. As the plaintiff's lending of the loan, the defendant who was denied the defendant's borrowing of real estate as well as the defendant's opening of the loan to the plaintiff, but it was difficult to obtain a real estate loan to the plaintiff, and requested the plaintiff to lend the interior construction cost. The plaintiff requested D's lending of the restaurant teaching work at the time of the plaintiff's being aware of the fact that the plaintiff requested D to do the restaurant teaching work at the time of September 20, 2014, the construction contract was concluded at KRW 35,000,000, 300, 300, 300, 300, 40, respectively.

As above, in light of all the circumstances such as the relationship between the defendant and the defendant assistant intervenor, the background of the loan, and the progress of construction, it is reasonable to deem that the defendant agreed to provide the plaintiff with a loan for the construction cost, and thus, the defendant is obligated to pay the plaintiff the remainder of 32,000,000 won which the defendant's intervenor failed to pay among the construction cost and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 11, 2016 to the date of complete payment, as the plaintiff

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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