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(영문) 수원지방법원성남지원 2015.12.03 2015가단24477

대여금

Text

1. The Defendant shall pay Plaintiff A KRW 38 million, KRW 29 million to Plaintiff B, and each of the said money from July 25, 2015.

Reasons

① On March 3, 2014, the Defendant agreed to pay the Plaintiff KRW 38 million to the Plaintiff up to December 31, 2014, and to pay the Plaintiff KRW 29 million up to January 8, 2015 and January 30, 2015, respectively. < Amended by Presidential Decree No. 26448, Jan. 8, 2015; Presidential Decree No. 2684, Jun. 30, 2015>

Therefore, the Defendant is obligated to pay the Plaintiff A the amount of KRW 38 million, KRW 29 million to Plaintiff B, and each of the above amounts after the due date for payment, which is calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 25, 2015 to the day of full payment after the delivery of the original copy of the instant payment order, for which the Plaintiffs seek.

The defendant asserts to the effect that "the plaintiff paid KRW 10 million to A on May 23, 2014, and KRW 20 million on July 30, 2014, respectively."

The Defendant’s payment of KRW 10 million to the Plaintiff on May 23, 2014 does not dispute the Plaintiff, but there is no evidence to deem that the said money was paid as partial payment of KRW 38 million.

(The Plaintiff and the Defendant seem to have engaged in a separate monetary transaction, such as the foregoing borrowed money. Moreover, there is no evidence to deem that the Defendant paid KRW 20 million to the Plaintiff on July 30, 2014.

All Defendant’s arguments are rejected.

The plaintiffs' claims are justified and accepted.