beta
(영문) 창원지방법원거창지원 2015.01.13 2014가단2063

대여금

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from December 18, 2005 to January 13, 2015.

Reasons

1. The plaintiff, on January 5, 2004, lent to the defendant the amount of KRW 48 million at the maturity of January 5, 2005 and at the rate of 10% per annum. ② Around November 18, 2005, the amount of KRW 50 million was fixed and lent at the maturity of November 18, 2006 and at the rate of 10% per annum. Since the defendant did not repay each of the above loans, the plaintiff is entitled to the payment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act).

3. The plaintiff alleged that he lent KRW 48 million to the defendant around January 5, 2004. However, there is no evidence to prove this. Thus, the plaintiff's claim for this part is without merit.

(A) Since part of the Plaintiff’s claim is dismissed, the interest in arrears of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be counted from the day following the day this judgment is rendered). Therefore, the Plaintiff’s claim in this case shall be accepted within the scope of the above recognition as reasonable, and the remainder