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(영문) 대구지방법원서부지원 2016.06.09 2015가단37560
대여금 등
Text

1. The Defendant: 7% per annum from January 12, 2007 to September 18, 2015, and September 19, 2015, to the Plaintiff.

Reasons

1. The Plaintiff, as a representative director, deposited KRW 135,213,50 in total from September 12, 2005 to January 12, 2007, and received KRW 14,94,000 in total from the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the amount deposited by the plaintiff to the defendant or C, etc. is a loan that the plaintiff obtained from a financial institution and lent to the defendant at an annual interest rate of 7% per annum.

The defendant asserts that the money deposited by the plaintiff is not a loan to the defendant, but a loan to C operated by the defendant, and even if the money was loaned to the defendant, the prescription expires after the lapse of five years from the last lending date.

B. There is no dispute between the parties as to the fact that the money deposited in the account of the defendant, C, or D, which the plaintiff made with respect to the existence of the loan claim against the defendant 1, was lent at an annual interest rate of 7%.

Furthermore, in full view of the evidence as mentioned above and the purport of the whole argument as to Gap evidence No. 7, the plaintiff first started to lend KRW 20 million to the defendant from September 12, 2005 to September 26, 2005, and received the certificate of loan under the name of the defendant, and the plaintiff deposited KRW 135,213,50 in total from September 12, 2005 to January 12, 2007, but the amount equivalent was deposited into the defendant's individual account, but the amount was deposited into the defendant's individual account. In addition, the defendant's name transferred KRW 14,94,00 to the plaintiff's repayment of the above loan, and the interest on the loan of this case was also remitted to the defendant's name. The above facts are acknowledged.

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