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(영문) 서울남부지방법원 2020.06.10 2019가단243349
대여금
Text

1. The defendant shall calculate the amount of KRW 20 million to the plaintiff at the rate of 12% per annum from July 9, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 30, 2012, Defendant husband C borrowed KRW 250 million from the Plaintiff, Gangdong-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) at the interest rate of 4% per annum.

The defendant also appeared in the place where C borrowed money from the plaintiff.

B. As above, C settled the remainder with the money borrowed from the Plaintiff, and on April 30, 2012, after completing the registration of ownership transfer for the instant apartment, C resided with the Defendant in the instant apartment by September 2018.

[Ground of recognition] without any dispute, Gap 1-3, 5, and 6, each entry, witness F's testimony, and whole purport of pleading

2. According to the judgment and the fact of finding the conclusion, C’s borrowing act belongs to the daily home life for the purpose of raising funds necessary for the couple’s community life. As such, pursuant to Article 832 of the Civil Act, the Defendant is jointly and severally liable with C to pay damages for delay calculated at the rate of 12% per annum from July 9, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment, as the Plaintiff seeks.

Inasmuch as the plaintiff's claim is reasonable, it is so decided as per Disposition with the acceptance of the claim.

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