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(영문) 수원지방법원성남지원 2016.11.03 2016가단13221

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 112,18,00 and the interest rate of KRW 15% per annum from April 26, 2016 to the date of full payment.

Reasons

1. From May 22, 2014 to January 27, 2015, the Plaintiff totaled KRW 262,118,000, KRW 10,000 as of May 22, 2014, ② KRW 20,000,00 as of July 15, 2014; ③ KRW 20,000,000 as of July 30, 2014; ④ KRW 25,000,000 as of August 22, 2014; KRW 30,000,000 as of September 24, 2014; and KRW 30,00,00,000 as of September 5, 2014; KRW 10,000,00 as of May 12, 200, KRW 101, 205,301, 201, 2014

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 112,118,00 that was not repaid to the Plaintiff and the damages for delay calculated by applying the rate of 15% per annum from April 26, 2016 to the date of delivery of a copy of the complaint sought by the Plaintiff to the date of full payment.

2. The defendant asserts that "the time point at which the defendant's new construction implementation project occurred at the time of the above borrowing was agreed upon as the due date, and since the above project was not completed and no profits have accrued, the due date has not yet arrived."

However, there is no evidence to deem that there was an agreement on the repayment of the above borrowed money as alleged by the Defendant.

Therefore, the above loan debt constitutes a debt without setting a deadline. Since the Plaintiff notified the Defendant of March 15, 2016, which was prior to the filing of the instant lawsuit, to repay the above loan by March 24, 2016, the Plaintiff should be deemed to have arrived at the time of the repayment of the above loan debt.

The defendant's assertion is not accepted.

3. The plaintiff's claim is justified and accepted.