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(영문) 의정부지방법원고양지원 2016.02.03 2015가단86851

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,883,540 and the interest rate of KRW 15% per annum from August 24, 2015 to the day of complete payment.

Reasons

1. In full view of the facts that there is no dispute over the cause of the claim, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings, the plaintiff made a loan to the defendant at 2.5% per month, interest rate of 30 million won per annum, interest rate of 6% per annum for the principal at the time of arrears for 5 days or more from the date of payment of interest, and July 19, 2010 (hereinafter "the loan of this case"), and on January 26, 2010, the plaintiff made a loan at 10,000 won per annum No. 30,000 won per annum No. 1509, 2003, which were owned by the defendant on Jan. 26, 2010, the plaintiff prepared a promissory Notes No. 2010,000 won per 16,000 won per 20,000 won per 16,010.

[Evidence A-3] The authenticity of the entire document may be recognized by comprehensively taking account of the respective descriptions of Evidence Nos. 4 and evidence Nos. 1-1 and the overall purport of pleadings (see, e.g., Supreme Court Decision 92Da12070, Apr. 13, 1993). Therefore, the defendant calculated the ratio of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 24, 2015 to the date of service of the original copy of the instant payment order to the plaintiff (=35,000,000 won - 116,460 won) among the loans of this case.