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(영문) 서울북부지방법원 2020.12.08 2019가단6307
대여금
Text

The defendant shall pay 35,00,000 won to the plaintiff and 12% per annum from May 3, 2019 to the date of complete payment.

Reasons

1. The parties' assertion

A. On July 13, 2017, Plaintiff leased KRW 40,000,00 to the Defendant on a monthly basis as interest rate of KRW 2%, and thereafter, the Defendant paid the Plaintiff the principal amount of KRW 3,000,000 on October 16, 2018 and KRW 2,00,000 on January 2, 2019, the Defendant is obligated to pay the remainder of the leased principal amount of KRW 35,00,000,000 to the Plaintiff.

B. The defendant's words, who is not the defendant, borrowed KRW 40,000 from the plaintiff, but C trades with the defendant's account, and only dealt with the money transfer by the defendant's request.

2. The following facts or circumstances acknowledged by the purport of Gap evidence Nos. 1 through 4 and the entire pleadings, namely, the plaintiff remitted KRW 40,00,00 to the defendant's account on July 13, 2017, and the defendant, from August 2017 to October 2018 (except for only November 1, 2017), remitted KRW 80,000,000 to the plaintiff monthly amounting to 300,000,000, and after the defendant paid KRW 37,00,000,000 to the plaintiff on October 16, 2018, the plaintiff should have received KRW 30,000 to the plaintiff and paid KRW 30,00,000,00 to the defendant's account from around 0 to 300,000,000 to 300,000,000 won remaining after the delivery of text messages to the plaintiff.

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