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(영문) 의정부지방법원고양지원 2015.09.04 2015가단5937

대여금

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1. As to the Plaintiff KRW 30,000,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000,000 from September 29, 2012.

Reasons

The Plaintiff is recognized to have lent KRW 20,000,000 to the Defendant on September 28, 2012, and KRW 10,000,000 on January 15, 2013 at a rate of 10% per annum.

According to the above facts, with respect to KRW 30,00,000 and KRW 20,000 among them, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 10% per annum, which is the agreed interest rate from January 16, 2013 to March 24, 2015, and the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, with respect to KRW 10,000,000, which is the date following the lending day, to the Plaintiff.

The defendant asserts that all of the above loans and interest in arrears have been deposited.

However, even according to the defendant's assertion itself, the above deposit is merely a piracy deposit to cancel the execution of provisional seizure against the defendant (Jinyang Branch District Court Decision 2015Kadan196). Thus, the above deposit alone does not have the effect of the repayment of the above loan, which is the claim for provisional seizure.

Therefore, the defendant's above assertion is without merit.

In addition, the defendant asserts that he paid the above loan by allocating 3,107 shares of the defendant company in lieu of the repayment of the loan around November 27, 2013, but there is no evidence to acknowledge it, and rather, it is recognized that the plaintiff paid 20,000,000 won to the defendant on November 28, 2013 separately from the above loan.

Therefore, the defendant's above assertion is without merit.

Thus, the claim of this case is accepted on the ground of the reasons.