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(영문) 광주지방법원 순천지원 2017.01.26 2016가합654

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 207,00,000 and the interest rate of KRW 15% per annum from August 10, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the defendant is obligated to pay the plaintiff the amount of KRW 207,00,000 borrowed from the plaintiff on July 23, 2016 to July 31, 2016 (hereinafter “instant agreement”). Thus, barring special circumstances, the defendant is obligated to pay the plaintiff the above loan amount of KRW 207,00,000 and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 10, 2016 to the date of full payment, which is the day following the delivery of the original original copy of the instant payment order, to the day of full payment.

2. The defendant's argument regarding the defendant's assertion is that the agreement of this case was made by force and intimidation of the plaintiff, and therefore, the agreement of this case should be null and void or cancelled, but there is no evidence to acknowledge it.

Therefore, the defendant's argument is without merit.

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