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(영문) 수원지방법원 2019.05.22 2018가단29029
대여금
Text

1. As to the Plaintiff’s KRW 80 million and its KRW 30 million, Defendant (Appointed Party) shall be from January 6, 2016 to KRW 50 million.

Reasons

1. Facts of recognition;

A. Upon receipt of a request from the Defendant (Appointed Party) who is engaged in the business of manufacturing construction materials with the trade name “E” in Suwon-si, the Plaintiff leased KRW 30 million to the Defendant (Appointed Party) on July 5, 2012, with the maturity of repayment on August 31, 2012; and thereafter, thereafter, leased KRW 10 million on July 1, 2013; KRW 27,000,000 on September 27, 2013; KRW 20 million on October 28, 2013; KRW 80,000,000 in total [30,000 won + KRW 20,000,000 in total [the Plaintiff] leased KRW 20 million to the Defendant (Appointed Party].

B. On March 2, 2016, Defendant (Appointed Party) discontinued “E”, and its wife C continues to engage in the same business as “F” at the same place.

[Ground of recognition] Facts without dispute, Gap evidence 1, 25, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, barring any special circumstance, Defendant (Appointed Party) is obligated to pay the Plaintiff the loan amount of KRW 80 million and delay damages for the loan amount of KRW 30 million on July 5, 2012. The Plaintiff claimed for the payment of delay damages from September 1, 2012, which is the day following the due date. However, according to the respective statements in the evidence Nos. 1 and 2, the Defendant (Appointed Party) from August 9, 2012 to January 5, 2016 (in consideration of the circumstances revealed in the records and arguments of this case, the said date was considered as the reference date for determining whether to pay interest.

) Since the payment of interest is recognized as having been made, the Plaintiff’s claim seeking the payment of damages for delay before January 6, 2016 is rejected, and only the part claiming damages for delay after January 6, 2016 is accepted. Therefore, the Defendant (Appointed Party) (as regards the Plaintiff’s loan amounting to KRW 80 million and KRW 30 million from January 6, 2016 and the remainder of KRW 50 million from January 6, 2016.

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