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(영문) 청주지방법원 2015.09.11 2015가단105759

대여금

Text

1. The Defendant’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from September 2, 2013 to May 15, 2015.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff is obligated to pay to the Defendant 25,000,000 won (hereinafter “instant loan”) on or before February 3, 2013 by setting the due date as September 1, 2013 without setting interest. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 25,000,000 won of the instant loan and damages for delay calculated at the rate of 10% per annum from September 2, 2013 to May 15, 2015, on the record that the delivery date of the instant payment order, as the Plaintiff seeks, from September 2, 2013 to May 15, 2015.

B. As to this, the plaintiff and the defendant operated the ELPS station as a partnership business, and the defendant paid to the plaintiff the amount equivalent to the loan of this case during the liquidation process of the partnership business relationship, so the loan of this case was extinguished in all. However, there is no evidence to acknowledge this.

Therefore, the defendant's above assertion is not accepted.

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

참조조문