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(영문) 전주지방법원 군산지원 2018.10.11 2018가단51018

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from January 30, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 10, 2015, the Defendant prepared a cash custody certificate stating that “The Defendant keeps custody of KRW 20 million and undertakes to return KRW 20 million when the Plaintiff requests the return.”

(W) The said cash custody certificate contains a statement that “the maturity date is August 31, 2016.”

On December 10, 2015, the defendant prepared a cash custody certificate stating that "the defendant keeps custody of KRW 30 million and undertakes to return KRW 30 million when the plaintiff requests the return."

(A) The said cash custody certificate contains “the date of September 30, 2016,” written as “the date of September 10, 2016.”

On November 25, 2016 and December 21, 2016, the Plaintiff sent to the Defendant a certificate of content requiring the repayment of KRW 50 million.

[Reasons for Recognition] Each entry (including each number), the purport of the whole pleadings, and the purport of Gap evidence Nos. 1 and 2

2. According to the facts of the above recognition, the Plaintiff can be acknowledged to have lent KRW 50 million to the Defendant on December 10, 2015, and since the maturity for payment has expired, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 30, 2018 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. If so, the plaintiff's claim is justified.