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(영문) 서울중앙지방법원 2015.12.16 2015가단52891

대여금

Text

1. The Defendant’s KRW 50 million and the Plaintiff’s 20% per annum from May 7, 2015 to September 30, 2015, and the following.

Reasons

1. The fact that the plaintiff lent KRW 50 million to the defendant on January 21, 2004, and that the defendant agreed to pay KRW 30 million until March 31, 2005, and KRW 20 million until May 31, 2005 is not in dispute between the parties or acknowledged by the statement in Gap evidence.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 50 million and damages for delay prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of the complaint of this case to the day of full payment.

(2) On May 7, 2015, from May 7, 2015 to September 30, 2015, a year of 20%, and 15% a year from the next day to the day of full payment on the record that the Defendant’s claim is indicated as follows: (a) the Defendant’s judgment on the Defendant’s claim is not possible to accept the Plaintiff’s claim on the grounds that all of the above loans were repaid, but there is no evidence to acknowledge it.

[Plaintiff asserted that: (a) the Plaintiff was paid KRW 85 million from the Defendant on May 25, 2006, KRW 1 million on August 29, 2006, KRW 800,000,000 on September 27, 2006, and KRW 10,000 on July 7, 2010; and (b) the Plaintiff was paid interest agreed at KRW 2.5% on July 7, 2010. There is no evidence to prove that the Defendant agreed to pay the Plaintiff interest at KRW 2.5% on the above loan; (b) the fact that the Plaintiff and the Defendant was a merchant engaged in oral manufacturing and selling business at the time is recognized by the Defendant; (c) if so, the damages for delay is calculated at a rate of 6% per annum pursuant to the Commercial Act; and (d) the above amount paid by the Defendant is apparent in calculating the amount of statutory delay, and thus, it cannot be deemed that the above loan was repaid.]

3. Conclusion, the plaintiff's claim of this case is justified.