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(영문) 서울남부지방법원 2015.05.22 2014가합111567
대여금
Text

1. Defendant C:

A. As to KRW 175,00,000 among Plaintiff A and KRW 80,00,000 among them, from September 28, 2009 to December 25, 2014.

Reasons

1. Determination as to the plaintiffs' claims against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

C. The ground for partial dismissal 1) The Plaintiff asserted that the Defendant C lent KRW 22,50,000,000 to Defendant C on March 12, 2009 and KRW 16,00,000 on April 16, 2009. In full view of the respective entries and arguments in the evidence Nos. 9 and 10 as above, the Plaintiff remitted the sum of KRW 22,50,000 to Defendant C as above, but it is difficult to presume that the above fact of recognition alone alone lends the above sum to Defendant C, and there is no other evidence to acknowledge it. Accordingly, the Plaintiff’s claim against the Defendant C on this part is not accepted. The Plaintiff’s delay of payment against the Defendant C on September 27, 2009 on the date on which the repayment period has expired, but the damages for delay from September 27, 2009 to the date on which the repayment period has been due.

Therefore, Plaintiff A’s assertion cannot be accepted as to the portion exceeding the above recognition scope among Plaintiff A’s claim for delay damages for KRW 80,000,000.

2. Determination as to Plaintiff A’s claim against Defendant D

A. The Plaintiff’s assertion A lent KRW 30,000,000 to Defendant D on August 18, 2005.

In addition, Defendant D, even after borrowing money from Plaintiff A, prepared and paid to Plaintiff A the borrowed amount of KRW 80,000,000 and the borrowed amount of KRW 65,00,000, which is due on September 27, 2009, respectively.

Therefore, Defendant D’s total amounting to KRW 175,00,000 (=30,000,000 won) and KRW 80,000,000,000, whichever is due, are 5% per annum as stipulated in the Civil Act from September 27, 2009 to the date of delivery of a copy of the complaint of this case, and 5% from the next day to the date of full payment.

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