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(영문) 서울동부지방법원 2016.04.08 2015가단30375

대여금

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from December 31, 2005 to February 2, 2016.

Reasons

In full view of the purport of Gap's statement and the whole argument, the plaintiff can be found to have leased KRW 50 million to the defendant on October 6, 2005 by the due date until December 30, 2015. Thus, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 50 million, which is the next day of the due date for payment, 5% per annum as stipulated in the Civil Act from December 31, 2015 to February 2, 2016, which is the delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.

The Plaintiff sought payment of interest calculated by 5% per annum from October 7, 2005, but the Plaintiff and the Defendant agreed to pay interest calculated by 5% per annum between the Plaintiff and the Defendant, it is insufficient to recognize such interest agreement solely with the statement in Gap 1, and there is no other evidence to acknowledge it. Thus, the part claiming payment of interest calculated by 5% per annum from October 7, 2005 to December 30, 2005 among the instant lawsuit cannot be accepted.

If so, the plaintiff's claim is accepted within the above scope of recognition.

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