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(영문) 수원지방법원평택지원 2015.06.10 2014가단14684
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 20% per annum from December 12, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 6, it is recognized that the plaintiff loaned KRW 60 million to the defendant on March 23, 2013, KRW 30 million on April 9, 2013, KRW 24 million on April 10, 2013, and KRW 20 million on August 14, 2013 without setting the due date for repayment. The plaintiff received reimbursement of KRW 40 million on the aggregate amount of KRW 80 million, and barring any special circumstance, the defendant is obligated to pay the plaintiff the amount of KRW 40 million on the following day after the loan was requested to discharge, and the defendant is obligated to pay damages for delay at the rate of KRW 20,000,000,000,000 on the following day after the day when the copy of the complaint in this case was served to the defendant by December 12, 2014.

2. The defendant's argument as to the defendant's assertion is alleged to the effect that the plaintiff received a donation of KRW 30 million out of the balance of the above loan amount of KRW 40 million from the plaintiff as the purchase price for the motor vehicle, and KRW 5 million out of the remainder of KRW 10 million, the plaintiff and the defendant brought about all the home appliances, etc. purchased by the plaintiff while living together with the plaintiff, and thus, the plaintiff was paid. However, there is no evidence to acknowledge the defendant's argument.

Therefore, the defendant's argument is without merit.

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

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