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(영문) 광주지방법원 2016.09.02 2015나9901

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Determination on the cause of the claim

A. On October 15, 2014, the Plaintiff asserted that the Plaintiff loaned KRW 5,00,000 to the Defendant with the agreed interest of KRW 800,000,000 as well as the due date specified on December 15, 2014, the Plaintiff claimed against the Defendant for the payment of KRW 5,800,000 in total of the leased principal and the agreed interest, and damages for delay on the leased principal of KRW 5,00,00 in total.

B. According to the overall purport of the arguments and arguments, the Plaintiff lent KRW 5,000,00 to the Defendant around October 2014 without setting the due date for payment as interest.

Furthermore, since the Plaintiff sought payment of KRW 800,000,00 as agreed upon against the Defendant, it is insufficient to recognize the fact that the Plaintiff entered into an interest agreement with the Defendant solely by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from July 24, 2015 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint, to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance which partially different conclusions are unfair, it is revoked, and the plaintiff's claim corresponding to the revoked part is accepted, and the remaining appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.