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(영문) 서울중앙지방법원 2016.07.22 2015가단123915
대여금
Text

1. The Defendant: (a) KRW 25 million to the Plaintiff and the Plaintiff’s 5% per annum from September 1, 2015 to July 22, 2016.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 and 2, the plaintiff may recognize the fact that the defendant lent KRW 50 million to the defendant on May 4, 201, and KRW 30 million on May 5, 2011 without fixing the due date for repayment, and that he/she received repayment of KRW 40 million among them. The fact that the duplicate of the complaint of this case containing a peremptory notice for repayment of the loan was delivered to the defendant on July 31, 2015 is apparent, and therefore, it is reasonable to deem that the due date for repayment of the loan of this case has arrived around August 31, 2015.

However, since the plaintiff and the defendant have agreed to substitute for the repayment of the above loan, the defendant is obligated to pay to the plaintiff the remainder of 25 million won and the damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the date of this decision, which is the date of this decision that the plaintiff seeks from September 1, 2015 to July 22, 2016, which is the date of this decision.

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