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(영문) 의정부지방법원고양지원 2020.04.10 2019가단96283
대여금
Text

1. As to the Plaintiff A’s KRW 50,00,000, and KRW 3,000,000 to the Plaintiff B, and each of the said money from November 12, 2019.

Reasons

1. Facts of recognition;

A. From August 30, 2017 to December 28, 2017, Plaintiff A remitted a total of KRW 50,000,000 to the Defendant’s account on seven occasions (Evidence A). The Defendant drafted a receipt stating “A: Details of loans” to Plaintiff A whenever each of the above money is received.

(A) Evidence Nos. 2 to 7). (b)

Plaintiff

B transferred 3,00,000 won to the Defendant’s account on May 3, 2018 (Evidence A5), and the Defendant made to the Plaintiff B a receipt stating “B: B and borrowed money.”

(Evidence A) 4. [Grounds for Recognition] A; entry of Evidence A 2 through 5; purport of the whole pleadings;

2. According to the facts found in the judgment as to the cause of the claim, it shall be deemed that Plaintiff A lent KRW 50,000,000 to the Defendant, and Plaintiff B lent KRW 3,000,000 to the Defendant without fixing the due date. It is evident in the records that the duplicate of the complaint of this case, stating the Plaintiffs’ declaration of intention to return, was served on the Defendant on November 11, 2019.

Therefore, the defendant is obligated to pay the plaintiff A 50,000,000 won and the damages for delay calculated by 12% per annum from November 12, 2019 to the day of complete payment, which is the day following the delivery date of a copy of the complaint, to the day of complete payment.

3. In conclusion, the plaintiffs' claims are with merit, and it is so decided as per Disposition.

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