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(영문) 수원지방법원성남지원 2019.04.30 2018가합1496
대여금
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s 30% per annum from September 4, 2008 to November 15, 2018.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 7.

On May 30, 2008, the defendant borrowed KRW 200 million from the plaintiff and agreed to pay KRW 300 million until November 30, 2008. On the same day, the plaintiff transferred the amount of KRW 190 million to the bank account in the name of the defendant (the amount of KRW 200 million minus KRW 50 million).

B. On September 3, 2008, between the Plaintiff and the Defendant, a notary public drawn up a notarial deed of money loan agreement No. 630 of 2008 between the Plaintiff and the Defendant as follows:

Article 1 (Purpose) The Plaintiff lent KRW 300 million to the Defendant on May 30, 2008, and the Defendant borrowed this.

Article 2 (Period and Method of Repayment) The due date of the borrowed money shall be the full repayment date September 3, 2008.

Article 3 (Interest) No interest shall accrue.

Article 5 (Compensation for Delay) If the defendant delays the repayment of principal or interest, the late payment damages shall be paid to the plaintiff at the rate of 30% per annum for the delayed principal or interest.

2. Determination

A. According to the above facts, the defendant is obligated to pay the above loan amount of KRW 300 million and delay damages to the plaintiff, unless there are special circumstances to the contrary.

B. As to this, the defendant did not borrow money from the plaintiff, and only borrowed 100 million to 150 million won from any woman introduced by the plaintiff. At the time, the defendant provided a part of the right to claim the return of the lease deposit that the defendant had against D as security, affixed a seal imprint on the letter of delegation and issued a certificate of the seal impression. The above notarial deed asserts that the plaintiff was made at will by using the defendant's blank power of attorney, etc., but there is no evidence to acknowledge the above assertion.

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

C. Accordingly, the defendant is liable to pay 300 million won for the above borrowed money to the plaintiff from September 4, 2008.

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