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(영문) 전주지방법원 정읍지원 2017.01.10 2015가단4939

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 36,146,873 as well as KRW 30,00,000 from October 29, 2015 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff’s repayment period of KRW 30,00,000 to the Defendant on June 28, 2013 may be acknowledged as follows: (a) on June 28, 2014, the interest rate was set at 18% per annum; and (b) on October 21, 2015, the Plaintiff’s total amount of the principal and interest of the Plaintiff’s loan claims against the Defendant on KRW 36,146,873 (= Principal amount of KRW 30,00,00,000) is KRW 6,146,873.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the above 36,146,873 won and the principal 30,000,000 won among the above 36,146,873 won with the return of the loan, and the damages for delay calculated at the rate of 15% per annum from October 29, 2015 to the day of full payment after the delivery of the copy of the complaint of this case to the defendant, as claimed by the plaintiff.

2. The defendant's assertion is that the defendant received a loan from the plaintiff due to the deception of the plaintiff's employee, so the plaintiff's claim is unjustifiable, but there is no evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

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