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(영문) 서울중앙지방법원 2017.05.24 2016나66768
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Of the judgment of the court of first instance, Paragraph 1 is applicable.

Reasons

1. The plaintiff asserted that the plaintiff, on November 30, 2006, lent the interest of KRW 10 million to the defendant at the rate of KRW 300,000 per annum (36% per annum) and sought a payment of the loan and the damages for delay, and the defendant did not lend the above money to the plaintiff.

2. Determination

A. Basic facts (1) Around March 2006, the Defendant assumed office as the president of the Korea Job Association, and then requested E, who operated D, to produce KRW 37,925,000 for a total of KRW 37,925,00,00 for a commemorative book publication project in 60 weeks of establishment.

(2) At the time, the above-mentioned meeting did not have good financial standing, and most of the Defendant, the president, was borne by the Defendant. On November 30, 2006, the Plaintiff, upon the Defendant’s request, remitted the amount of KRW 10 million, which is part of the production cost, from the Plaintiff’s spouse’s account to E’s account.

(3) On December 27, 2006, the Defendant transferred KRW 300,000 to the said F’s account, the Plaintiff’s spouse, KRW 300,000,000 on February 1, 2007, KRW 300,000 on February 27, 2007, and KRW 300,000 on March 30, 2007.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 8, testimony of the first instance court witness G, the purport of the whole pleadings

B. We examine the determination on the cause of the claim. As seen earlier, when the Defendant raised the cost of publication of the books of native folks society as the president and the production cost was insufficient, the Defendant requested the Plaintiff, a member of the same native folks society, to pay KRW 10 million for the production cost, and thereafter, the Defendant paid KRW 300,000 per month to the Plaintiff at the end of each month from December 2006 to March 2017, in light of the circumstances that the Defendant paid the Plaintiff KRW 10,000 per month, the Plaintiff could fully recognize the fact that the Plaintiff paid the interest amount of KRW 10,000 to the Defendant, which was paid KRW 30,00 per month.

Therefore, the Defendant shall pay to the Plaintiff damages for delay calculated by the rate of 25% per annum within the agreed rate from October 17, 2012 to the date of full payment, as the loan 10 million won and its final interest payment date.

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