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(영문) 서울중앙지방법원 2017.04.26 2016나55607
대여금 반환
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. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, it is recognized that the Plaintiff remitted KRW 3 million from the Plaintiff’s married C’s account to the Defendant’s account on July 9, 2015 and lent the said money to the Defendant. The entries in the evidence Nos. 1 through 6 alone are insufficient to reverse the recognition.

According to the above facts, the above loan obligations are liable for delay from the time when the obligor receives a claim for performance with respect to the performance (Article 387(2) of the Civil Act). Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3 million borrowed and the damages for delay calculated at the rate of 15% per annum from November 25, 2015, following the day when the copy of the complaint of this case claimed by the Plaintiff was served on the Defendant.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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