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(영문) 울산지방법원 2015.06.09 2014가단29949
대여금 등
Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from June 9, 2011 to December 22, 2014 to the Plaintiff.

Reasons

1. The Plaintiff asserts that on June 9, 2011, the Plaintiff lent 45 million won to the Defendant, as alleged and alleged.

The defendant, at the time, worked as the full charge of C Co., Ltd. (Representative Director D), and D agreed to borrow money from the plaintiff and borrowed the defendant's passbook and deposited money into the defendant's account. The defendant claimed that since the defendant collected the money and delivered it to D, the person who borrowed money from the plaintiff is C Co.

On June 9, 2011, the Plaintiff remitted a total of 45 million won to the Defendant on the following grounds: (a) there is no dispute between the parties; and (b) the Plaintiff and the Defendant, recognized by the witness E’s testimony and the entire purport of pleading, knew for a long time; (c) at the time C Company required money; and (d) the Defendant was in charge of the aforementioned Company’s duty to transfer money, it is recognized that the Plaintiff lent the said money to the Defendant, not C Company,

Contrary to the above recognition and consistent with the defendant's argument, D's written confirmation (No. 1) (D) was unable to comply with the summons of the witness of this court without any justifiable reason, and there is no reason to prepare this document in the plaintiff's future, which was received in 2012, the plaintiff did not urge the defendant to pay the money) and Eul evidence 3-1 (E's written confirmation), and the testimony of E's witness is difficult to believe, and there is no reason to reverse the above recognition on the sole basis of the statements of Eul evidence 2 and 4.

She argued that the interest rate on 45 million won is 30% general, and that the relationship with the defendant is about 20% per annum, and that the interest rate is sought from June 201.

The plaintiff's assertion that there is no interest agreement between the plaintiff and the defendant, and if there is no interest agreement, the interest rate shall be 5% per annum under the Civil Code.

Therefore, the interest that the Defendant is obliged to pay to the Plaintiff is the interest of 5% per annum from June 9, 2011 on the lending date.

Article 45,000,000 won and 45,000 won for the plaintiff.

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