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(영문) 울산지방법원 2017.04.04 2016가단65260

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 26 million with the interest rate of KRW 15% per annum from August 31, 2016 to the date of complete payment.

Reasons

According to the evidence and the purport of the argument submitted by the Plaintiff, it is recognized that the Plaintiff loaned KRW 36 million to the Defendant on February 18, 2016, and that the Defendant subsequently repaid KRW 10 million to the Plaintiff on July 11, 2016.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of 26 million won of the loan and the obligation for the loan for consumption without setting the due date (if the Plaintiff claims that the due date was set within four days after the lease date, there is no evidence to acknowledge that the Plaintiff had been paid the due date), and the damages for delay calculated at the rate of 15% per annum from August 31, 2016 to the date following the delivery date of the original copy of the payment order in this case, which is after the expiration of a reasonable period from the time the Plaintiff notified the Defendant to pay to the Defendant.

Although the defendant asserts that he agreed to repay the apartment after the purchase and sale of the apartment owned by the defendant, and that the maturity date has not yet arrived, the above argument is rejected as there is no evidence to acknowledge it.

Plaintiff

claim shall be accepted.