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(영문) 울산지방법원 2020.02.11 2019가단4310

대여금

Text

1. The Defendant: KRW 33,802,046 for the Plaintiff and KRW 24% per annum from December 31, 2018 to March 7, 2019.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1’s written evidence and the entire argument as to the cause of the claim, the plaintiff lent KRW 33,802,046 to the defendant, who is the partner of the workplace, over several years. The defendant, on October 3, 2018, prepared a monetary car certificate (hereinafter “the loan certificate of this case”), which requires the plaintiff to pay interest of KRW 33,802,046 to the plaintiff by December 30, 2018 and to pay interest of KRW 27.9% per month (hereinafter “the loan certificate of this case”), and the defendant did not pay the above money by the date of the closing of argument.

Therefore, the defendant is obligated to pay to the plaintiff 3,802,046 won and damages for delay calculated at the rate of 24% per annum from December 31, 2018 to March 7, 2019, the service date of the complaint from March 7, 2019, which is the date of repayment, and 12% per annum from the following day to the date of full payment.

2. The defendant's argument that the loan certificate of this case is invalid since the loan certificate of this case was made by coercion of the plaintiff, but it is not accepted as there is no evidence to acknowledge the defendant's above argument.

3. In conclusion, the plaintiff's claim of this case is accepted as reasonable.