logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.21 2015가단33328
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25 million with the interest rate of KRW 15% per annum from August 26, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant have disappeared from October 2010 to October 2014.

B. The Plaintiff, on December 15, 2012, remitted each money to the Defendant, KRW 5 million, and KRW 5 million on July 18, 2013, and entered each money as “B lending” at the time of remitting the money.

C. On March 10, 2014, the Plaintiff transferred KRW 15 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay 25 million won and delay damages to the plaintiff since he remitted money to the defendant. Thus, the defendant is obligated to pay 25 million won and delay damages to the plaintiff.

In this regard, the defendant asserts that the above twenty-five million won was donated to the defendant who was living while the plaintiff and the defendant were married on the premise that they were married, and that they were not lent.

B. According to the above facts of recognition, it is recognized that the Plaintiff entered “B lending” at the time of remitting KRW 5 million to the Defendant, and that even if the Plaintiff did not separately enter the “B lending” at the time of remitting KRW 15 million to the Defendant, it would have not been deemed that the Defendant did not donate KRW 15 million to the Defendant who did not reimburse the Defendant.

Such circumstances and even if the Plaintiff returned to the Defendant on the premise of marriage with the Defendant at the time of remitting each of the above money, it is difficult to view that the Plaintiff donated to the Defendant a 25 million won grace amount in light of the Plaintiff’s educational system and the Plaintiff’s occupation, and it is reasonable to view that the Plaintiff lent 25 million won to the Defendant without the due date.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25 million and the damages for delay calculated at the rate of 15% per annum from August 26, 2015 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. Conclusion.

arrow