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(영문) 수원지방법원안양지원 2019.09.27 2018가단10003
대여금
Text

1. The Defendant’s KRW 38 million and the Plaintiff’s 15% per annum from November 16, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is a person of C, the defendant is in a marital relationship with C, and D is the plaintiff's mother.

B. The Plaintiff kept D around 2003 KRW 38 million, and the Defendant borrowed KRW 38 million from D around that time.

C. On July 16, 2016, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) with the place of issuance, payment place, and place of payment, respectively, on July 12, 2016, and the date of issuance and payment, respectively, on July 12, 2016, and on a face value of 38 million won (hereinafter “instant promissory note”).

On October 19, 2016, the defendant filed a lawsuit against Suwon Family Court on a claim for divorce, etc. (2016ddan22376) from Suwon Family Court. At present, the appeal is in progress under the jurisdiction of Suwon Family Court 2018Reu3071.

(hereinafter referred to as “instant divorce suit”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 7 and 8, and the purport of the whole pleadings

2. Determination on the cause of claim and the defendant's argument

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 38 million with 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings before the Amendment from November 16, 2018 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case, and to pay to the plaintiff 12% per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings after the Amendment from the next day to the day of full payment.

B. The defendant's assertion 1) The debtor who lent KRW 38 million to the plaintiff is D or C, and the defendant was not lent KRW 38 million from the plaintiff, but lent from D.

B) The Plaintiff donated KRW 38 million to the Defendant and C. D (C) returned to the Plaintiff and repaid the Plaintiff KRW 38 million. D) The Plaintiff’s claim against the Defendant against the Defendant was 10 years after the date of the loan. E)

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