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(영문) 수원지방법원성남지원 2017.11.15 2017가단209814
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as annual 5% from March 21, 2012 to July 3, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2009, the Plaintiff requested the Defendant to lend money to be used as a child marriage fund, etc., and transferred KRW 100,000,000 to the Defendant on the 20th of the same month. On the same day, the Plaintiff made an agreement that “the Defendant would pay KRW 100,000,000 to the Plaintiff within three years.”

hereinafter referred to as the "loan of this case"

B. However, the Defendant did not fully repay the instant loan to the Plaintiff up to the day. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of KRW 100,000,000 and 15% per annum as prescribed by the Civil Act from March 21, 2012 to July 3, 2017, the delivery date of a copy of the instant complaint, from March 21, 2012 to July 3, 2017, and from the next day to the date of full payment.

In regard to this, the defendant alleged that the loan of this case is not a loan, but a payment for the disposal of shares sold by the plaintiff to the defendant, which was limited due to the plaintiff's circumstances. However, there is no evidence to acknowledge this, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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