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(영문) 서울남부지방법원 2014.11.14 2014가단17224
대여금
Text

1. The Defendant’s KRW 50 million and the Plaintiff’s annual rate from June 1, 2012 to April 14, 2014, as follows.

Reasons

1. The Plaintiff, on August 5, 201, lent KRW 50 million to the Defendant and C (the spouse of the Defendant, Defendant, and Defendant C, hereinafter “Defendant, etc.”), and the Defendant, etc., at the time, agreed to pay the amount equivalent to the interest on the loan of this case as interest on the loan of this case to the Defendant, etc. at the time, may be acknowledged by taking account of the respective descriptions in the evidence No. 1 and No. 2 and the overall purport of the pleadings as a whole, and the Plaintiff, etc. was paid interest from the Defendant, etc. by May 7, 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from June 1, 2012 to April 14, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The Defendant’s argument regarding the Defendant’s assertion is C, and the Defendant asserts that the loan from the Plaintiff was not a party. As such, the Plaintiff deposited KRW 49,750,000, which deducted interest from the loan of this case, into the C’s deposit account on August 5, 2011, and thereafter C paid interest on the loan of this case to the Plaintiff, there is no dispute between the parties.

However, the following circumstances, which are acknowledged by comprehensively considering the aforementioned evidence and the results of the national bank's response to an order to submit financial transaction information in this court, namely, ① on August 5, 201, the date when the Plaintiff received the instant loan from the Plaintiff, and the following day, and the Defendant’s totaling KRW 15,940,000 over this title. On August 5, 2011, remitted KRW 15,080,000 to E and F, who are his/her and the Defendant’s father, and KRW 2,00,000 out of the instant loan on the same day.

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