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(영문) 서울중앙지방법원 2017.12.22 2016가단5308671

대여금

Text

1. The Defendant: (a) KRW 24 million to the Plaintiff; and (b) 5% per annum from August 18, 2017 to December 22, 2017 to the Plaintiff.

Reasons

The plaintiff lent 40 million won to the defendant, but only 12 million won was paid from the defendant. Thus, the defendant asserts that the defendant is obligated to pay the remainder of the loans to the plaintiff as well as damages for delay.

In light of the overall purport of the statement and argument by Gap evidence No. 1, it is acknowledged that the plaintiff lent a total of KRW 39 million from May 9, 2014 to September 8, 2014. The fact that the defendant repaid a total of KRW 15 million to the plaintiff is not disputed between the parties. According to the above fact of recognition, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as provided by the Civil Act from August 18, 2017, the day following the delivery of a copy of the complaint of this case, to the plaintiff from August 18, 2017 to December 22, 2017, and from the next day to the day of complete payment.

If so, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.