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(영문) 서울북부지방법원 2015.10.14 2014가단39104

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and KRW 40,000 among them, 20% per annum from September 1, 2014 to the date of full payment.

Reasons

1. The Plaintiff loaned a total of KRW 40 million to the Defendant via C’s account from May 15, 2012 to October 15, 2012, and the Defendant agreed to pay interest on the above loan by October 8, 2013, including interest, until March 30, 2014, is not in dispute between the parties, or is recognized in accordance with the written evidence No. 1 and No. 2. Thus, the Defendant is liable to pay damages for delay calculated at the annual rate of KRW 20 million following the delivery of the original copy of the instant payment order, as the Plaintiff so requested by the Plaintiff with respect to KRW 50 million and the principal borrowed KRW 40 million from September 1, 2014 to the date of full payment.

2. The Defendant’s argument regarding the Defendant’s assertion is that the Plaintiff and the LAAB restaurant were operated in the partnership, and the Defendant’s compensation should be deducted from the principal and interest of the loan. However, each of the entries in the evidence Nos. 1 and 2 is insufficient to recognize that the Defendant suffered losses from the business partnership with the Plaintiff, and there is no other evidence to acknowledge it. Accordingly, the Defendant’s assertion is rejected.

3. Thus, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.