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(영문) 전주지방법원 2015.06.10 2014가단40680

대여금 등

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 50,000,000 as well as 20% per annum from November 26, 2014 to the date of full payment.

Reasons

1. It is recognized that there is no dispute between the parties to the judgment as to the claim against Defendant B, or according to the evidence No. 1 (Incompetence), the Plaintiff lent money to Defendant B, and that Defendant B agreed to pay KRW 50,000,000 to the Plaintiff by March 20, 2014.

Therefore, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 50,000,000, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day after the delivery of the copy of the complaint to the day of full payment, as the Plaintiff seeks.

As to this, Defendant B did not pay KRW 45,00,000, among which the principal of the loan was paid KRW 8,000,000, and the remainder of KRW 30,000,000 among the remainder was set up as a provisional seizure, and thus, the Plaintiff’s claim is unjustifiable. However, the Defendant’s assertion as to the principal of the loan is without merit, and there is no evidence to support the fact that the Defendant’s claim was made, and the Defendant’s claim is not exempt from the obligation to pay the agreed amount due to the provisional seizure.

2. Judgment based on a confession as to the claim against Defendant C (Article 208(3)2 of the Civil Procedure Act)