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(영문) 인천지방법원 2016.04.26 2015가단64048
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from October 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On July 24, 2015, the Plaintiff and the Defendant: (a) prepared and signed a loan certificate with the Plaintiff the obligee, the Defendant, the obligor, the amount borrowed KRW 50 million; and (b) the repayment date as of August 10, 2015.

B. The Defendant received KRW 50,000,000 from the Defendant’s account on July 24, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 2-1, 2-2, Eul evidence 1, the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendant borrowed KRW 50,000,000 from the Plaintiff as of August 10, 2015. Thus, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,000,000, which is calculated at the rate of 15% per annum from October 21, 2015 to the date of full payment, as the Plaintiff seeks, as well as from October 21, 2015, the day following the delivery date of the original copy of the instant payment order.

3. Regarding the judgment on the defendant's assertion, the defendant alleged that it is impossible to respond to the plaintiff's claim because the person who lent money to the defendant is an individual (C) who is not a company. However, since the evidence submitted by the defendant alone is insufficient to reverse the contents of the certificate of loan (Evidence A 1) and to recognize the defendant's argument,

4. 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 reasonable.

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