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(영문) 울산지방법원 2017.06.16 2016가단55201
대여금
Text

1. The Defendant’s KRW 32,700,000 as well as 5% per annum from May 26, 2016 to June 16, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in the statements in subparagraphs A through 10, the Plaintiff may recognize the fact that the Plaintiff loaned KRW 35 million to the Defendant on November 19, 2012, KRW 20 million on December 5, 2012, KRW 9 million on January 8, 2013, KRW 15 million on November 19, 2012, and KRW 83 million on January 8, 2013, from the Plaintiff’s account in the Plaintiff’s children, to the Defendant’s account. Of them, the Plaintiff was paid KRW 503 million (referring to the amount recognized as having been paid through the written complaint and the documents as of August 18, 2016) by means of remitting the total amount of KRW 83 million on January 8, 2013 to the Defendant’s account.

Thus, unless there are special circumstances, the defendant is obliged to pay to the plaintiff KRW 32,700,000 and damages for delay.

However, in relation to the starting point of interest or delay damages, the plaintiff filed a claim on the basis of the first lending date, but there is no evidence to prove that there was an agreement between the plaintiff and the defendant at the time of lending each money.

Therefore, the plaintiff is deemed to have requested the performance of the defendant by serving the written complaint of this case. Therefore, it is reasonable to view the starting point of calculating damages for delay as the day following the delivery

B. As to this, the defendant asserted that the amount paid by the plaintiff to the defendant is not a loan, but an investment loan, but there is no evidence to acknowledge it.

Therefore, the defendant's above argument is without merit.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 32,700,000 won and the amount calculated by the ratio of 5% per annum under the Civil Act from May 26, 2016, which is the day following the delivery date of the instant complaint, to June 16, 2017, which is the date of the instant judgment, to the date of the instant judgment, and the amount calculated by the Defendant’s interest per annum of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are justified.

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