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(영문) 수원지방법원 2014.12.18 2014가합4050
대여금
Text

1. The Defendant’s KRW 160,000,000 for the Plaintiff and 5% per annum from February 26, 2007 to December 18, 2014.

Reasons

1. Judgment on the main argument

A. (1) In light of the purport of the Plaintiff’s argument regarding the claim for loans of KRW 200 million (1) as stated in subparagraph 1-1-3 of the evidence No. 1 and the entire argument in witness C’s testimony, the Plaintiff, on February 26, 2007, lent KRW 200 million to the Defendant on May 30, 2007, with the interest rate of KRW 10.5% per annum and the due date for payment as the expenses for opening a new college under the Defendant’s control, barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 20 million and interest or delay damages.

(2) In light of the purport of the entire arguments in Gap evidence 2 and 3 as to the claim for the amount of KRW 60 million, and in witness Eul's testimony, Eul loaned the amount of KRW 60 million to the defendant on March 12, 2007 with interest rate of KRW 2% on May 4, 2007, and Eul transferred the above loan to the defendant on July 4, 2007, and notified the defendant of the transfer of the claim on the same day. Thus, barring any special circumstance, the defendant is obligated to pay the amount of KRW 60 million and delay damages to the plaintiff.

(3) As to the claim for the amount of KRW 40 million, the Plaintiff loaned the amount of KRW 40 million to the Defendant on April 24, 2007 by setting the interest rate of KRW 20% per annum and the due date on July 31, 2007. C transferred the above loan claim against the Defendant on August 28, 2007 to the Defendant and notified the Defendant of the transfer of the claim at that time. Thus, the Defendant asserts that the Defendant is liable to pay the Plaintiff the amount of KRW 40 million and the delayed payment damages.

The plaintiff's above assertion is insufficient to recognize that C lent KRW 40 million to the defendant on April 24, 2007 only with the descriptions of the evidence Nos. 4-1, 2, 3, and 10-1, 10-2 of the evidence Nos. 4-1, 3, and 10-2 of the evidence Nos. 10, and testimony of the witness C.

On April 24, 2007, domestic case C can be recognized that it lent KRW 40 million to the defendant.

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