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(영문) 대구지방법원 2016.02.19 2015가단2048
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from December 2, 2014 to February 27, 2015 to the Plaintiff.

Reasons

1. The assertion that the Plaintiff is identical to the Defendant on April 2, 2014.

5. On May 30, 2014, each of which was lent 100 million won, and the date of repayment was set on May 30, 2014. The Defendant sought payment of 100 million won out of the above borrowed money and did not repay the remainder 100 million won. Accordingly, the Defendant’s borrowing of money to the Plaintiff is merely lending 100 million won to the Plaintiff on May 9, 2014, and KRW 100 million from April 2, 2014 is the Defendant’s borrowing of money from Nonparty C, and the Plaintiff is not a creditor of the borrowed money, and thus, the Defendant asserts that there is no obligation against the Plaintiff.

2. In light of the following facts: (a) the Defendant stated “A” in the lower part of the loan certificate No. 1 for which the Defendant recognized the authenticity; and (b) the Defendant voluntarily recognized that the Defendant prepared a loan certificate of KRW 200 million in total with KRW 100 million on May 9, 2014; and (c) the Plaintiff remitted KRW 100 million to Nonparty D’s account, the Defendant’s child, on April 2, 2014, the Plaintiff leased KRW 200 million to the Defendant. (c) In conclusion, the Plaintiff’s claim is accepted as reasonable; (d) the amended provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc.; and (e) the Plaintiff’s claim for payment of money calculated at a rate exceeding 15% per annum pursuant to the amended provision on the statutory interest rate under the main sentence of Article 3(1) of the same Act is dismissed.

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