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(영문) 대구지방법원 서부지원 2018.06.07 2017가단59663

대여금

Text

1. The Defendant’s KRW 50 million and the Plaintiff’s 12% per annum from April 26, 2017 to September 5, 2017, and the following.

Reasons

1. Facts of recognition;

A. On November 26, 2015, the Plaintiff paid KRW 100 million to the Defendant.

After that, on January 5, 2016, the Plaintiff and the Defendant drafted a monetary loan agreement (Evidence A No. 1) which provides the loan principal of KRW 100 million, January 25, 2017, and January 1 million in interest.

B. On January 8, 2016, the Defendant returned the above KRW 100 million to the Plaintiff.

C. On January 12, 2016, the Plaintiff again lent KRW 100 million to the Defendant.

The Defendant repaid to the Plaintiff KRW 10 million on October 6, 2016, and KRW 40 million on March 30, 2017, respectively, and paid KRW 100,000 per month from February 2016 to March 25, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from April 26, 2017 to September 5, 2017, the delivery date of the original copy of the payment order, and 15% per annum from the next day to the date of full payment.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.