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(영문) 수원지방법원여주지원 2017.09.20 2017가단50541
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from February 17, 2017 to the day of complete payment.

Reasons

In full view of the facts without dispute, Gap evidence Nos. 1, 2, and 3, the plaintiff is the mother of C, and the plaintiff can recognize the fact that he lent KRW 90 million to the defendant at the request of C around March 23, 2010. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff delay damages calculated at the rate of 15% per annum as of February 17, 2017, which is the day following the delivery date of a copy of the complaint of this case, to the day of full payment.

In regard to this, the Defendant asserted that the Defendant borrowed the instant loan from the Plaintiff for the purchase of D apartment in the name of the Plaintiff in order to pay the remainder, and that the Defendant delivered the said apartment to C and sold the said apartment around February 2014, the Defendant eventually paid the instant loan in substitution for the said apartment.

According to the evidence No. 1, the above apartment in the name of C was sold to E and F on March 24, 2014, and the ownership transfer registration has been completed in the future. However, the following circumstances, which are acknowledged in full view of the purport of the entry and pleading in the evidence No. 2, the defendant borrowed KRW 90 million from the plaintiff on June 18, 2014, after the apartment was sold, and the above borrowed money was prepared and delivered to the plaintiff for installment payments from June 2014 to 2024. In light of the above facts, it is insufficient to acknowledge that the defendant paid the loan in lieu of the loan in this case, and there is no other evidence to acknowledge this. Thus, the above argument by the defendant is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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