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(영문) 인천지방법원 2018.08.24 2017가단36030
대여금
Text

1. From July 16, 2014 to August 24, 2018, Defendant A’s KRW 52,000,000 to the Plaintiff, and the following:

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3, and Eul evidence Nos. 1, the purport of the entire pleadings is as follows: (a) through Eul, the Plaintiff made a loan to the defendant A via Eul by transferring the total sum of KRW 52 million to the new bank account in the name of the defendant B (hereinafter “instant loan”); and (b) around June 30, 2014, the defendant A agreed to pay the above loan to the plaintiff by July 15, 2014.

It is insufficient to recognize that the Plaintiff and Defendant A agreed on May 12, 2014 at the time of the instant loan solely with the partial statement of No. 3.

The evidence presented by the Plaintiff alone cannot be deemed to have agreed with Defendant B to jointly borrow the said money or jointly and severally with Defendant A to assume the obligation to repay the money.

Defendant A is obligated to pay to the Plaintiff 52 million won with 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is deemed reasonable for the said Defendant to resist the scope of its obligation to repay from July 16, 2014, which is the date of this decision.

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