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(영문) 부산지방법원 2017.01.25 2016가합1475
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 467,884,670 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the cause for the claim Gap's evidence Nos. 1 through 3 (including virtual numbers), the fact that the plaintiff loaned KRW 1 to the defendant KRW 26,00,000 on September 26, 2013; ② KRW 10,000 on September 27, 2013; ③ KRW 22,000,000 on October 25, 2013; ④ KRW 10,000 on February 28, 2014; ⑤ KRW 31,00,00 on March 31, 2014; ② KRW 9,84,670 on April 14, 2014; and 7.5,000 on May 25, 2014; and KRW 305,000 on June 1, 205, 2014; and

In regard to this, the defendant only prepared a loan certificate of No. 1 with the plaintiff's coercion, but actually received each of the above money from the plaintiff as a partner for the establishment and operation of the hospital. Thus, the defendant cannot respond to the plaintiff's claim on the premise that each of the above money is a loan, but there is no evidence to acknowledge the defendant's allegation.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 467,884,670 (= ② KRW 20 million ② KRW 10,000,000 KRW 220,000 KRW ④ KRW 10,000 KRW 5,000 KRW 6,000 KRW 670,00 KRW 86,00 KRW 984,670 KRW 7,000 KRW 8,700 KRW 8,000 KRW 66,00 KRW 96,00 KRW 26,00 KRW 30,000 KRW 40,000 KRW) and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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