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(영문) 서울남부지방법원 2014.12.11 2014가단41173
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 100,000,000 and KRW 70,000 among them, which shall be paid in full from June 14, 2012.

Reasons

1. Determination

A. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 4 (including the provisional number), the plaintiff agreed to the defendant as of June 14, 2012 on September 15, 2012 and lent the amount of KRW 70 million to the defendant at the interest rate of 24% per annum, and the plaintiff lent the amount of KRW 30 million to the defendant as of July 2, 2012, and the fact that the plaintiff agreed to the defendant as of September 3, 2012, interest rate of KRW 24% per annum, and delayed compensation interest rate of KRW 30% per annum.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 24% per annum from June 14, 2012 to the date of full payment as the interest rate and interest rate of 10 million won and interest rate of 24% per annum from June 14, 2012 to the date of full payment; interest calculated at the rate of 24% per annum from July 2, 2012 to September 3, 2012 to the date of full payment; interest calculated at the rate of 24% per annum from September 4, 2012 to the date of full payment; and interest calculated at the rate of 30% per annum from September 4, 2012 to the date of full payment.

C. As to this, the defendant asserts that the actual debtor C or the person who actually used the money borrowed from the plaintiff is not D, and the defendant is not the defendant, and that the defendant is not obligated to return the money to the plaintiff, but the above defendant is not obligated to return the money.

there is no evidence to reverse the fact of recognition under this subsection.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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