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(영문) 서울서부지방법원 2016.04.06 2014가단42915
대여금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and KRW 10% per annum from August 20, 2013 to August 20, 2014; and (b) the Plaintiff.

Reasons

According to the party’s assertion and judgment evidence No. 1, the Defendant, on August 20, 2013, borrowed 50,000,000 won from the Plaintiff from the Plaintiff at “8.20” and “10% per annum (15% per annum per annum)” (hereinafter “the instant monetary loan agreement”). As such, the Defendant is obligated to pay to the Plaintiff the interest rate of 50,000,000 won per annum from August 20, 2013 to August 20, 2014, calculated by the agreed interest rate of 15% per annum, the interest rate per annum from the next day to the date of full payment.

In regard to this, the Defendant, as if C were to use the D’s operating capital, had C borrow KRW 50,00,000 from the Plaintiff and used it in collecting its claim for the amount of the provisional loan. Since the Plaintiff was well aware of this fact, the Defendant asserted that C’s contract for the loan for consumption of money was revoked on the ground of the above C’s fraud. However, the evidence submitted by the Defendant alone, which caused C to commit deception as alleged by the Defendant.

It is insufficient to find that the Plaintiff knew or could have known such fact, and there is no other evidence to acknowledge it, and the Defendant’s assertion that the instant monetary loan contract was revoked on the ground of C’s fraudulent act is rejected.

If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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