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(영문) 서울동부지방법원 2016.06.29 2015가단33961

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,000,000 as well as 3% per annum from September 15, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 18, 2012, the Plaintiff lent KRW 100 million to the Defendant and set the interest at 3% per annum.

B. After doing so, the Defendant paid the Plaintiff KRW 30 million out of the above KRW 100 million.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, 6, Eul evidence 1 (including additional number), the purport of whole pleadings]

2. Determination

A. According to the facts found in the above recognition of the obligation to pay a loan, the defendant is obligated to pay the loan remainder of KRW 70 million and delay damages to the plaintiff.

B. As to the defendant's assertion, if the plaintiff promised to pay 4% of the received money as a discount fee if the plaintiff tried to obtain the plaintiff's claim Eul's attached to the defendant, the defendant asserts that the claim for the discount fee should be offset against the plaintiff's loan claims. Thus, the defendant's assertion has no dispute between the plaintiff and the defendant, but there is no evidence to prove that there was an agreement between the plaintiff and the defendant as alleged in the defendant, and therefore, the defendant's assertion is without merit.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 3% per annum from September 15, 2015 to the day of full payment, which is the day following the delivery date of the copy of the instant complaint claimed by the Plaintiff.

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