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(영문) 서울북부지방법원 2017.07.06 2016가단40368

차용금

Text

1. The defendant shall pay 21,840,000 won to the plaintiff and 15% per annum from March 16, 2017 to the day of complete payment.

Reasons

1. The facts of recognition and determination are the facts that the Plaintiff loaned the Defendant a total of KRW 26 million on November 27, 2015, KRW 5 million on August 19, 2015, KRW 6 million on September 16, 2015, KRW 4 million on September 16, 2015, KRW 6 million on October 23, 2015, KRW 3 million on November 23, 2015, and KRW 26 million on November 27, 2015, to the Plaintiff. According to the statements in subparagraph 2, it is recognized that the Defendant agreed to the Plaintiff to pay the above loan by August 31, 2016.

Meanwhile, in regard to the Plaintiff’s assertion that the Defendant paid each of the above loans to the Plaintiff KRW 260,000,000 on December 21, 2015, KRW 160,000 on November 16, 2016, and KRW 1 million on December 5, 2016, the Plaintiff reduced the amount as stated in the text of the instant claim.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 21.84 million won (i.e., KRW 26 million - KRW 2.6 million - KRW 1 million - KRW 1 million - KRW 1.9 million - KRW 1.9 million) and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 16, 2017 to the date of full payment, following the date of the Defendant’s final repayment, for which the Plaintiff seeks.

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