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(영문) 서울서부지방법원 2018.01.12 2017가단6347
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from August 14, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 23, 2015, the Plaintiff, who was engaged in missionary activities in China, requested a money exchange to C, which was known to C, and transferred the money of KRW 350,000 in Chinese currency ( approximately KRW 60,000 in Chinese currency) to D’s account known to C, but C did not pay money.

B. Upon urging the Plaintiff to pay money to C, C proposed to the Plaintiff that “E, one of its children, has a KRW 45 million to receive money from the Defendant, and E remitted to the Defendant’s wife G account KRW 20 million on October 12, 2015, and KRW 45 million on November 3, 2015.”

C. On November 6, 2015, the Defendant would pay the Plaintiff KRW 1,45 million up to August 31, 2016.

“The amount of a promissory note, each of which is the Plaintiff, was drawn up and delivered, (2) par value 45 million won, and due date on August 31, 2016, respectively.

On the other hand, as seen above, C and its wife F were present at the time the Defendant prepared the above loan certificates and promissory notes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1-1, 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant agreed to pay the Plaintiff KRW 45 million to E in lieu of the payment of KRW 45 million. Thus, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 45 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 14, 2017 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint.

B. The Defendant’s assertion 1) The Defendant asserts that the loan certificate and promissory note written by the Defendant was made by coercion of E’s parents (C and F), etc., but there is no evidence to acknowledge it, and the Defendant’s assertion is without merit. 2) The Defendant finds E’s parents as the Defendant’s wife G office around August 2016 and G as the Defendant’s wife’s wife, thereby finding it as the Defendant’s wife, and KRW 45 million.

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