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(영문) 인천지방법원부천지원 2015.01.09 2014가합900

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 129,00,000 as well as 20% per annum from June 14, 2014 to the date of full payment.

Reasons

1. Serial 10,00,00 on September 17, 2012; 10,000 on September 19, 2012; 3. 5,00,00 on September 25, 2012; 3. 6. 0,00 on October 12, 10, 200 on May 3, 200, 300; 4. 10. 10,00 on October 3, 201, 10 on October 12, 200, 30. 10,000 on May 3, 20, 200; 4. 10,000,00 on October 13, 201, 200; 13. 10,000 on August 13, 200, 2007;

A. The Plaintiff loaned a total of KRW 154,00,000 to the Defendant from September 17, 2012 to June 12, 2013 as indicated below.

B. The Defendant: (a) KRW 12,000,000 on January 15, 2013 to the Plaintiff; and (b) the same year

5. The principal of KRW 8,00,000, and KRW 5,000,000 in total, and KRW 25,000,00 in total, on October 31 of the same year was repaid.

C. From August 2013 to March 18, 2014, the Plaintiff demanded the Defendant to repay the unpaid loan amount on several occasions.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 to 21, Gap evidence 6-1 to 22, witness Eul's testimony and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 129,00,000 (i.e., KRW 154,00,000 - KRW 25,000) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from June 14, 2014 to the date of delivery of the copy of the complaint of this case, for which a considerable period has elapsed from the date the Defendant received a claim from the Plaintiff for the performance of the above loan obligation from the Plaintiff.

3. Judgment on the defendant's assertion

A. C, the representative of the defendant's assertion, was engaged in the business to order government-funded construction for the plaintiff, and the plaintiff paid C the price for the above business.

Therefore, the amount equivalent to the above business expense should be deducted from the borrowed loan.

B. Determination is examined, and the defendant submitted.