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(영문) 서울남부지방법원 2015.06.04 2014가단230270
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from October 3, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 24, 2013, Defendant B requested Defendant B to lend KRW 50 million to the Plaintiff on the following day, and the Plaintiff wired KRW 50 million to Defendant B on the same day.

B. However, as Defendant B failed to return the loan, the Plaintiff continued to urge the return, and the Defendants jointly and severally liable for the said money. A promissory note jointly issued on April 9, 2014 with a face value of KRW 50 million, the payee, the Plaintiff, and the date of payment on May 20, 2014, and issued it to the Plaintiff, but the Plaintiff has not been repaid until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings

2. Determination

A. According to the aforementioned facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million borrowed and the amount of damages for delay calculated at the rate of 20% per annum from October 3, 2014 to the date of full payment after the duplicate of the instant complaint was served on the Defendants.

B. As to this, the Defendants asserted that the amount of KRW 50 million in the instant case is not a loan, but a loan. However, the Defendants’ assertion is not acceptable on the sole basis of the Plaintiff’s evidence No. 1, and there is no other evidence to acknowledge the said amount as an investment amount.

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

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