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(영문) 부산지방법원 2014.07.11 2014가단16223

대여금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 20, 201, the Plaintiff lent KRW 10 million to the Defendant by the number of days (hereinafter “the instant loan”). The method of repayment is to first pay KRW 5 million by the number of days, and to pay interest of KRW 300,000 per month on the remainder of KRW 5 million by the day, and to pay the remainder of KRW 5 million by the number of days, the Plaintiff shall be to pay the remainder of KRW 5 million by the number of days.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. According to the premise facts prior to the determination of the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff delay damages calculated at the rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, which is the Plaintiff’s maximum interest rate from the day following the due date, within the scope of the agreed delay damages.

In light of the purport of the entire pleadings, Defendant B loaned money from February 27, 2008 to the Plaintiff several times from February 27, 2008, when Defendant B fully repaid the instant loan, Defendant B delivered the pertinent account book to the Defendant B; Defendant B received KRW 2 million from March 7, 2011 to May 6, 201; ② KRW 5 million from May 9, 201 to August 16, 201; and ③ KRW 5 million from August 201 to August 17, 2011 to KRW 5 million from the date of the instant loan; and Defendant B received all of the instant account books by the number of days from August 21, 201 to KRW 5 million from the date of the instant loan; and Defendant B received all of the instant account books by the number of days from August 21, 201 to August 27, 201.

Defendant B’s defense is reasonable.

3. The Plaintiff’s judgment on the claim against Defendant C is the Defendant.

참조조문