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(영문) 전주지방법원 2017.02.03 2016가단21850
대여금
Text

1. The Defendant: (a) KRW 38,00,000 for the Plaintiff and 5% per annum from July 22, 2016 to February 3, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C and the Defendant were in fact in a marital relationship from July 2012 to February 2016, and the Plaintiff is the mother of Nonparty C.

B. At the request of the Defendant who was a bad credit holder, the above C opened an account of Jeonbuk Bank in the name of C and delivered it to the Defendant.

C. The Defendant requested the Plaintiff to lend money through the above C, and the Plaintiff consented and lent KRW 48,00,000,000,000 to the account of the above Jeonbuk Bank on November 19, 2013, and the Defendant used it in relation to its construction work.

On July 12, 2015, the Defendant repaid KRW 10,000,00 to the Plaintiff via the above C.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above fact-finding, the borrower is obligated to pay to the Plaintiff, the lender, the remainder of the loan amount of KRW 38,000,000 (=48,000,000 - 10,000,000) and as sought by the Plaintiff, damages for delay calculated at the rate of 15% per annum under the Civil Act from July 22, 2016 to February 3, 2017, the delivery date of the copy of the complaint of this case, which is the day following the delivery date of the copy of the complaint of this case, until February 3, 2017, which is the day of the judgment of this case, and from the next day to the day of full payment.

I would like to say.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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