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(영문) 부산지방법원 2020.11.26 2020가단323014

대여금

Text

The defendant's KRW 40,000,000 and its interest shall be 5% per annum from November 1, 2019 to October 28, 2020 to the plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The Plaintiff partly dismissed the part of the judgment below: (a) the Defendant claimed damages for total damages of KRW 5 million and damages for delay as well as damages for delay pertaining to lost earnings, losses equivalent to interest, and mental losses incurred in the process of withdrawing the return of the purchase price of the instant vehicle.

There is no evidence to acknowledge losses and actual income equivalent to interest accrued to the association, and with respect to the consolation money portion of the Republic of Korea, the evidence submitted by the plaintiff alone constitutes a tort.

It is insufficient to recognize a special circumstance that the Plaintiff suffered irrecoverable mental suffering only from compensation for property damage, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for this part shall not be accepted.