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(영문) 서울북부지방법원 2018.07.19 2017가단25878

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 21, 2017 to the date of full payment.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff is acknowledged to have lent KRW 40 million to the defendant on December 15, 2016 without fixing the due date. According to the above facts of recognition, 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 the Promotion, etc. of Legal Proceedings from October 21, 2017 to the date of full payment, which is obviously the day following the delivery of a copy of the complaint in this case, unless there are special circumstances.

Although the defendant defenses to the effect that part of the above loan debt was repaid, there is no evidence to acknowledge it, the above assertion is without merit.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.