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(영문) 대전지방법원천안지원 2015.11.25 2015가단12877

대여금

Text

1. The defendant shall pay to the plaintiff KRW 30 million with 30% per annum from December 2, 2005 to July 14, 2014, and thereafter.

Reasons

1. On December 2, 2005, the Plaintiff determined the cause of the claim to the Defendant on December 2, 2005 as interest rate of KRW 30 million and the due date of payment on April 11, 2006 (hereinafter “instant loan”) may be recognized by comprehensively considering the purport of the entire pleadings in the statement in subparagraph 1.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 30% per annum that the Plaintiff seeks within the scope prescribed by the Interest Limitation Act from December 2, 2005 to July 14, 2014, and from the next day to the day of full payment, the interest or delay damages calculated at the rate of 25% per annum that the Plaintiff seeks within the scope prescribed by the Interest Limitation Act.

2. The defendant's defense against the defendant is a defense that the defendant borrowed the loan of KRW 30 million from the plaintiff for gambling and constitutes illegal consideration.

However, there is no evidence to prove that “the Defendant borrowed the instant loan KRW 30 million from the Plaintiff for gambling” as alleged by the Defendant, and there is no evidence to prove that the Defendant borrowed the instant loan from the Plaintiff for gambling, the Defendant’s defense is without merit.

3. The plaintiff's claim is accepted for reasons.

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