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(영문) 청주지방법원충주지원 2017.08.23 2017가단21414
대여금
Text

1. The Defendant’s KRW 60 million and the Plaintiff’s annual rate from February 6, 2009 to August 23, 2017, as follows.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff loaned the Plaintiff’s total amount of KRW 85 million to the Defendant, KRW 30 million on December 4, 2007, KRW 20 million on December 7, 2007, KRW 10 million on June 9, 2008, KRW 85 million on August 29, 2008, and thus, the Defendant is obligated to repay the said loans to the Plaintiff.

Even if the above money is not a loan, the Defendant agreed on December 4, 2007 that the Plaintiff shall be liable for the total amount of KRW 60 million with the principal and interest accrued on or around December 4, 2007. Thus, the Defendant is obliged to pay KRW 60 million with the agreed amount.

In addition, the Defendant made an oral promise to return the principal and interest even if he/she did not make any profit to the Plaintiff, even though he/she remitted the amount of KRW 35 million on June 9, 2008 and August 29, 2008, and thus, he/she is obliged to pay the agreed amount equivalent to the same amount.

B. The defendant did not borrow money from the plaintiff.

It was true that the defendant prepared and delivered a letter (Evidence A 1) to the plaintiff, however, the defendant only provided the plaintiff with investment information and did not agree to return the investment money.

2. Determination

A. In full view of the purport of the entire pleadings in the evidence Nos. 2 and 3 as to the claim for a loan, the fact that the Plaintiff remitted the total amount of KRW 85 million to the Defendant on the date and time as alleged by the Plaintiff is recognized.

However, as to whether or not the Plaintiff lent the above money to the Defendant, it is insufficient to recognize it by considering the respective descriptions of evidence Nos. 1, 2, and 3 as a whole the purport of the pleadings, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

B. Determination as to the claim for agreed amount 1) Each letter (which does not conflict between the parties to the evidence Nos. 1 and 2, or comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2, the Defendant received an annual return rate of 12% from March 5, 2008 to February 5, 2009 to the Plaintiff on December 4, 2007.

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