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(영문) 부산지방법원 2015.02.11 2014가합14019
대여금
Text

1. The Defendant’s KRW 110,000,000 and the Plaintiff’s annual rate of 5% from December 31, 2013 to September 5, 2014.

Reasons

1. Basic facts

A. The Plaintiff leased KRW 110,00,000 to the Defendant on November 14, 2013; KRW 10,000,000 on November 26, 201 of the same year; and KRW 30,000,000 on November 27, 201 of the same year (hereinafter “instant loan”); and received a written notice of payment from the Defendant on December 30, 2013.

B. The Defendant did not repay the instant loan to the Plaintiff up to now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination:

A. According to the judgment on the cause of claim, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of KRW 110,00,000,000, and 20% per annum as prescribed by the Civil Act from December 31, 2013 to September 5, 2014, on the record that the delivery date of a copy of the complaint of this case from December 31, 2013 to September 5, 2014.

B. The defendant's argument that the defendant's KRW 110,00,000 delivered from the plaintiff is not the amount that the defendant borrowed from the plaintiff, but the defendant received from the non-party C who is the plaintiff's head for the operation of the business supplying oil to the Russian vessel. However, since there is no evidence to acknowledge this, the defendant's argument is without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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