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(영문) 대구지방법원 2015.05.19 2015가단2598

대여금

Text

1. As to the Plaintiff A’s KRW 30,00,000, and KRW 4,000,000 to Plaintiff B, and each of the said money, the Defendant shall start from January 28, 2015 to May 2015.

Reasons

1. Determination as to the cause of the claim to the Defendant: (a) the Plaintiff loaned KRW 16,00,000 between December 35, 2013, and Plaintiff B from December 30, 2013 to February 25, 2014, respectively; (b) the Defendant paid KRW 5,00,000 to Plaintiff A, and KRW 12,00,000,00 to Plaintiff B, by the date of the closing of argument in the instant case, may each be recognized in full view of the purport of each of the arguments set forth in subparagraphs 1 through 4 (including each of the numbers; hereinafter the same shall apply).

According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff A 30 million won, 4,000,000 won to the plaintiff B, and 5% per annum under the Civil Act from January 28, 2015 to May 19, 2015, which is the day following the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as requested by the plaintiff.

2. The defendant's assertion is alleged to have repaid the plaintiff B of KRW 12,50,00 to KRW 13,50,000, different from the facts acknowledged earlier, but there is no evidence to prove this, and the defendant's assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.