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(영문) 서울남부지방법원 2017.11.09 2017가단2988

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from January 8, 2017 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 1 and Eul evidence No. 2-1 and 2 as to the cause of the claim, the plaintiff loaned 30 million won to the defendant three times from March 7, 2003 to March 13 of the same month. Thus, according to Gap evidence No. 1 (the loan certificate of Sep. 8, 2003), the defendant asserts that 30 million won and its repayment period (the loan certificate of March 10, 2003), although the repayment period only 20 million won out of the above loan of 30 million won is set as September 8, 2003, the above loan certificate of March 11, 2003 did not dispute the plaintiff's repayment period of the loan of 30 million won and the loan of 300 million won to the defendant on March 23, 2003.

Since then, the Plaintiff is obligated to pay damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 8, 2017 to the date of full payment, which is obvious from the date of service of the original copy of the instant payment order, as requested by the Plaintiff.

2. As to the judgment of the defendant's assertion, the defendant alleged to the effect that he was subject to bankruptcy or exemption from liability in 2008, but there is no evidence to acknowledge this. Thus, the above argument by the defendant is without merit without further review.

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