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(영문) 수원지방법원평택지원 2016.10.27 2016가단3176

대여금

Text

1. The defendant shall pay 200,000,000 won to the plaintiff and 15% per annum from February 20, 2016 to the day of full payment.

Reasons

1. The Plaintiff is obligated to pay to the Defendant damages for delay at the annual rate of 15 percent as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the next day of February 24, 2012, including KRW 20,000,000, KRW 100,000, and KRW 200,000,000 on March 23, 2012, and September 26, 2012, inasmuch as there is no dispute between the parties without due date for repayment. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of KRW 20,00,000 and KRW 15,00,00, which are the next day of the delivery of a copy of the instant complaint, from February 20, 2016 to the day of full payment.

2. The defendant's assertion that the plaintiff has planted and used trees, etc. on land, such as Pyeongtaek-si C, owned by the defendant, and therefore, the plaintiff should deduct the fees to be paid to the defendant from the above loan. However, there is no objective evidence to acknowledge the defendant's assertion, and the defendant's assertion is not acceptable.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.