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(영문) 전주지방법원 2018.04.17 2017가단18974

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from July 17, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause for the claim Gap evidence No. 1 and evidence No. 3, the defendant, on December 20, 2016, withdrawn the application for compulsory auction by the plaintiff to the plaintiff on December 20, 2016, and paid KRW 100 million to the plaintiff under the condition that the provisional seizure by the Jeoncheon District Court 2014Kadan3858 real estate shall be revoked, and KRW 50 million shall be paid on the same day, and the remaining KRW 50 million shall be paid by April 30, 2017; the plaintiff withdraws the application for compulsory auction by December 28, 2016; the defendant revoked the provisional seizure by the above real estate; the defendant paid KRW 50 million to the plaintiff on December 20, 2016; however, the remaining KRW 50 million shall be paid by April 30, 2017.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 50,000,000 won agreed upon and after the payment date with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 17, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order to the plaintiff.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.