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(영문) 대전지방법원 2018.06.29 2016가단225817
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 15% per annum from February 28, 2017 to the date of full payment.

Reasons

1. According to the statements in Gap evidence Nos. 1, 2, and 4 as to the plaintiff's cause of action, it is recognized that the plaintiff lent KRW 6 million in total to the defendant, ① by means of account transfer in the name of the defendant, ② by means of account transfer in the name of the defendant, KRW 1 million, and KRW 5 million on March 6, 2015, ② by means of the same method in the above passbook, ② lent KRW 30 million on March 25, 2015, ③ by means of the defendant's agricultural bank account in the name of the defendant's wife E on June 19, 2015, and KRW 2 million on June 24, 2015, the plaintiff lent KRW 32 million in total to the account in the name of F designated by the defendant on June 24, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 7 million, limited to the Plaintiff’s total amount of KRW 68 million, and to pay damages for delay at the rate of KRW 15 percent per annum from February 28, 2017, which is the day following the delivery date of a copy of the instant complaint, to the day of full payment.

2. As to the Defendant’s assertion, the Defendant asserted that the Defendant decided to make an investment and received a loan with the intent to make an investment as it was erroneous. However, according to each of the above evidence, it is determined as a loan and there is no evidence to deem it as an investment amount.

The defendant's above assertion is groundless.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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