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(영문) 대구지방법원김천지원 2015.11.18 2015가단4173
대여금
Text

1. The Defendant shall pay 5,8390,000 won to the Plaintiff and 15% per annum from September 10, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. A. Around January 2012, the Plaintiff loaned KRW 30 million to the Defendant upon the request of the Plaintiff that “a loan of KRW 50 million shall be given 3% interest per month and the principal shall be paid in installments of KRW 3 million per month.” On February 8, 2012, the Plaintiff loaned KRW 30 million to the Defendant, and around February 1, 2012, KRW 8390,000,000 to the Defendant. Around April 2012, the Plaintiff again lent KRW 10 million to the Defendant at the request of the Defendant that “a loan of KRW 10 million shall be given 3% interest per month and shall be repaid after three months thereafter.”

B. Around January 2010, the Defendant had already lent KRW 20 million to C and had not been repaid with money to the above C, and there was little possibility for the Defendant to receive the principal and interest at that time even if he had already lent money to the above C. In addition, if the monthly income at the time was excluded from the living expenses equivalent to KRW 2 million to KRW 3 million at the time of being an insurance solicitor, the Defendant did not have any remaining money and did not have the ability to subscribe to an installment savings for the Plaintiff and pay KRW 3 million each month for the Plaintiff.

As stated in the foregoing paragraph, the crime of deceiving the Plaintiff and deceiving the Plaintiff KRW 5,8390,00 from the Plaintiff was sentenced to imprisonment on December 19, 2013 by the Daegu District Court Kimcheon-ro 2013Ma983, which was sentenced to imprisonment for August, 2013, suspension of execution two years, and community service 40 hours.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is liable to compensate the Plaintiff for damages incurred by the Defendant’s deception. As such, the Defendant is obligated to pay damages for delay at the rate of 15% per annum from September 10, 2015 to the day following the delivery of the copy of the application form for the change of the purport of the claim and the cause of the claim in this case.

As to this, the defendant asserts that he has lent part of the borrowed money from the plaintiff to the plaintiff again, but since there is no evidence to acknowledge it, the defendant's assertion is not accepted.

Next, the defendant is about 2014 Daegu District Court Decision 32764.

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