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(영문) 수원지방법원 2017.04.20 2016가단537052
대여금
Text

1. The Defendant: (a) KRW 100,000,000 to Plaintiff A; (b) KRW 50,000,000 to Plaintiff B; and (c) to each of them from August 24, 2016.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 and 2, the plaintiffs (the plaintiff Gap's father and wife) have lent money to the defendant that operates golf products business by means of either directly remitting or passing through D which is members of the same church. On November 23, 2011, the defendant paid a total of KRW 199,670,000 to the plaintiffs at the time of the same day. The defendant designated the plaintiff as the plaintiff Eul and issued a certificate of borrowing KRW 199,670,000 to the plaintiff's creditor until February 29, 2012. The defendant did not pay the remaining amount of KRW 19,670,000 out of the above money until the due date for repayment, and the defendant expressed the above amount of KRW 19,670,000 to the plaintiff's 19,000, KRW 3000, KRW 1800, KRW 200, KRW 800, KRW 2000.

According to the above facts, the defendant filed the claim of this case against the plaintiff A out of the above loan amount of KRW 100,000,000 and the plaintiff B, regardless of the loan certificates and promissory notes, as requested by the plaintiffs, in the absence of special circumstances.

In addition, each of them shall be liable to pay damages for delay at the rate of 15% per annum from August 24, 2016 to the day of full payment, which is the next day after the document corresponding to the complaint of this case is served.

On this issue, the defendant merely borrowed money from D and did not borrow money from the plaintiffs, and in particular, since there was no money remittance from the plaintiff B, the plaintiff's assertion that there was a monetary lending relationship between the plaintiffs and the defendant is established.

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