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(영문) 울산지방법원 2016.09.27 2016가단10871

대여금

Text

The defendant's KRW 80 million to the plaintiff and its 5% per annum from May 29, 2010 to April 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff deposited KRW 10 million in the bank account under C on April 30, 2010, KRW 34 million on May 7, 2010, KRW 27 million on June 3, 2010, KRW 6 million on December 62, 2010, KRW 6 million on February 1, 201, and KRW 17 million on March 22, 201.

B. On April 29, 2010, the Defendant borrowed a total of KRW 80 million from the Plaintiff on May 28, 2010, and KRW 30 million on May 28, 2010, and prepared and issued a loan certificate stating that the Defendant would pay interest and principal on the said money.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff at least KRW 80 million interest payment, and to pay interest and delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from May 29, 2010, which is the day following May 28, 2010, when it appears that the Defendant agreed to pay interest by drawing up and delivering a loan certificate as above, to the Plaintiff, until April 14, 2016, on which the instant payment order was served to the Defendant, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.