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(영문) 서울동부지방법원 2020.01.08 2019나1727
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff received a request from the defendant to lend money from the defendant, and the plaintiff was obligated to pay the defendant the loan amount of KRW 14,50,000 (= KRW 9,700,000, KRW 4,850,000) on January 11, 201, and KRW 14,550,000 (= KRW 9,700, KRW 4850,000) on February 23, 2011. Accordingly, the defendant is obligated to pay the loan amount of KRW 14,550,00 and delay damages unless there are special circumstances to the plaintiff.

In regard to this, the defendant received from the plaintiff at the time when the defendant worked for the lending company, "10,000,000 won, and 5,000,000 won, from the plaintiff, to C who is the existing customer of the lending company, as the loan account for the plaintiff, and individually borrowed 9,70,000,000 won after deducting 3% of each prior interest, upon the request of the plaintiff, and then again remitted 9,700,000 won and 4,850,000 won to the above C and D, but the defendant did not borrow 14,50,000 won. However, there is no other evidence to acknowledge this, the above argument by the defendant is without merit.

Therefore, the Defendant is obligated to pay to the Plaintiff 14,50,000 won with 15% interest per annum from May 3, 2019 to May 31, 2019, which is the day following the delivery of a copy of the complaint of this case, and 12% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. In conclusion, the plaintiff's claim should be accepted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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