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(영문) 서울중앙지방법원 2015.09.17 2014가단5212554
대여금
Text

1. The defendant shall pay 70 million won to the plaintiff and 24% per annum from November 24, 2006 to the day of complete payment.

Reasons

1. On August 3, 2004, the Plaintiff delivered KRW 70,000,000 to the Defendant (hereinafter “the instant money”).

On August 3, 2004, the Defendant prepared and delivered a cash custody certificate (A2-1) stating that “The Plaintiff shall keep custody of KRW 20,000,000, and pay two copies of interest per month on the first day of each month, and return the cash in custody as of October 30, 2004.”

C On August 3, 2004, the Co., Ltd. (Representative D) prepared and delivered a cash custody certificate (A2-2) stating that “50,000,000 won shall be kept until November 30, 2004” in the Defendant’s future. The said cash custody certificate (A2-2) is currently owned by the Plaintiff.

The Plaintiff’s bank account was 1,40,000 won on September 8, 2004; 80,000,000 won on November 8, 2004; 60,000 won on December 17, 2004; 40,000 won on December 21, 2004; 00,00 won on January 1, 2005; 0.1,000,000,000 won on January 11, 2005; 1,000,000,00. 1,40,000,00 won on April 15, 200, 140; 1,400,00 won on April 1, 200, 140, 1000; 1,400,00 won on May 1, 300, 2005;

【Ground of recognition】 A1-1, 1-2, 2, 3-1, 3-2, the purport of all pleadings

2. The assertion and judgment

A. On August 3, 2004, the Plaintiff asserted that he lent interest to the Defendant at 2% per month on August 3, 2004, and sought a return of the instant money against the Defendant.

In regard to this, the defendant asserted that he merely received the money from the plaintiff and delivered it to D, and that he cannot respond to the plaintiff's claim since he did not receive the money borrowed.

B. The following circumstances revealed by the above facts of recognition, the Plaintiff’s delivery of all of the instant money to the Defendant, the cash custody certificate (A2-2) prepared by C Co., Ltd. owned by the Plaintiff was made to the Defendant as the other party, and the interest of 2% per month on the instant money.

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