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(영문) 부산지방법원서부지원 2020.04.01 2019가단104165
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from April 12, 2019 to the date of complete payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 12 as to the cause of the claim, the plaintiff paid KRW 50 million to the defendant several times from January 201 to September 201, 201 (hereinafter "the loan of this case"). The defendant prepared a loan certificate stating that he/she borrowed KRW 50 million from the plaintiff on November 15, 2013. On October 19, 2016, he/she prepared a letter of payment statement stating that he/she will pay KRW 50 million to the plaintiff KRW 50,000 or KRW 1 million each month. According to the above facts of recognition, the defendant is obligated to pay the plaintiff 50,000,000 won of the loan of this case and damages for delay calculated at the rate of 12,200,000 won per annum from the day following the day when the copy of the complaint of this case was served to the defendant according to the plaintiff's claim.

2. As to the defendant's assertion, the defendant's assertion that it is improper to hold the defendant liable for all of the loans of this case as the loan of this case was received from the plaintiff as the loan of this case and operated the credit business as a partnership business. However, in light of the contents of evidence Nos. 1 (U.S.) and evidence No. 8 (U.S.), it is difficult to regard the loan of this case as investment money, and even if the defendant used the loan of this case as private capital with the non-party No. 4 as a partner, it is merely an internal issue between the defendant and the non-party No. 4, and thus, it is merely an internal issue between the defendant and the non-party No. 4.

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

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