(영문) 의정부지방법원 2019.09.19 2018나6472

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(영문) 의정부지방법원 2019.09.19 2018나6472

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The plaintiff alleged that he lent KRW 8 million to the defendant, and sought payment.

In this regard, the defendant asserts that although the defendant received eight million won from the plaintiff, it was only delivered the money lent by the plaintiff to C, not the defendant borrowed.

B. Comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 1, 3, and 2 as well as the purport of the entire pleadings, the Plaintiff remitted KRW 1,131,00,000,000 to the Defendant on May 20, 2015; the Defendant wired KRW 1,310,000,000 to C on the same day; the Defendant wired KRW 10,000 to C; and C transferred KRW 2,20,000 to the Plaintiff’s account for interest on seven occasions between July 20, 2017 and January 20, 2018; the Defendant transferred to the Plaintiff on September 3, 2016, “6-month interest 1,440,000,000 won and KRW 644,00,000,000, and KRW 509,000,000,000.

It is recognized that the text message was sent on April 12, 201, stating “The 6th day of April, 12, 2017,” and the text message was sent on April 12, 201, stating that “The part which was sent at the time of suspicion is written in C and the part which was not paid at the time of suspicion.”

Comprehensively taking account of the above facts of recognition, it is reasonable to view that: (a) the Plaintiff lent KRW 8 million to the Defendant; (b) the Defendant lent KRW 10 million to C; and (c) the Defendant paid interest to the Plaintiff on April 12, 2017; and (c) C agreed to pay the interest to the Plaintiff for convenience; and (d) if C did not pay the interest, the Defendant paid the interest directly to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of eight million won borrowed and the damages for delay calculated at the rate of 15% per annum from July 13, 2018 to July 13, 2018, which is the day following the delivery date of a copy of the instant complaint.

2. If so, the plaintiff's claim of this case should be accepted for reasons.

참조조문

-소송촉진 등에 관한 특례법

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