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(영문) 의정부지방법원고양지원 2019.08.14 2019가단350

대여금

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1. The Defendant shall pay to the Plaintiff KRW 20 million and the interest rate of KRW 12% per annum from October 26, 2018 to the day of complete payment.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff may be acknowledged as having lent KRW 50 million to the defendant on Nov. 3, 2017, which included interest KRW 20 million on Jan. 22, 2018, and the plaintiff has received reimbursement of KRW 70 million from the defendant on Apr. 19, 2018.

Therefore, the Defendant is obligated to pay damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 26, 2018 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant, which can be seen as the day when the copy of the instant complaint was served on the Defendant among the principal and interest of the Plaintiff, as the Plaintiff seeks.

2. The defendant's assertion is alleged to the effect that the defendant is not liable to pay the above loan since C Co. Ltd. borrowed money from the plaintiff was decided to repay, but the evidence of the defendant's submission alone is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the defendant'

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