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(영문) 의정부지방법원고양지원 2017.08.09 2016가단87431
대여금
Text

1. Defendant B’s KRW 30,000,000 as well as 5% per annum from December 15, 2016 to August 9, 2017 to the Plaintiff.

Reasons

1. The fact that the Plaintiff deposited KRW 30 million in the bank account opened in the name of Defendant B’s wife on June 19, 2007, and lent it to the above Defendant is no dispute between the parties.

On the other hand, the plaintiff alleged that he lent KRW 10 million to the defendant B even around April 2007, but there is no evidence to acknowledge the plaintiff's above assertion.

Therefore, from December 15, 2016, the day following the delivery day of the copy of the complaint of this case sought by the Plaintiff with respect to the above KRW 30 million to the Plaintiff, Defendant B is obligated to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act until August 9, 2017, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. The plaintiff alleged that the plaintiff lent KRW 15 million to the defendant C on July 10, 2007, but it is not sufficient to recognize the plaintiff's above assertion only with the statement of No. 3, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is accepted within the extent of the above recognition, and the remainder is dismissed as it is without merit. The plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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