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(영문) 서울동부지방법원 2016.11.10 2016가단29426
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and interest rate of KRW 15% per annum from August 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Upon receiving a request from the Defendant for a loan of money under the name of business funds, the Plaintiff lent a total of KRW 31 million to the Defendant eight times from September 18, 2012 to September 28, 2012. However, the Defendant did not repay the said loan to the present time.

B. The Defendant was indicted for fraud on the ground that he/she borrowed money to the Plaintiff with no intent or ability to repay the money in excess of his/her debts with bad credit standing. On May 3, 2016, the Defendant was sentenced to imprisonment for four months with prison labor for the above criminal facts as the Changwon District Court’s Tong-won Branch Branch Decision 2015Kadan1188, 2016Kadan77 (Joint).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

2. According to the above facts of recognition, the Plaintiff filed the instant lawsuit demanding repayment of the loan to the Defendant, and the due date has arrived. Thus, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31 million and delay damages at the rate of KRW 15% per annum from August 20, 2016 to the date of full payment, which is the day following the delivery date of the instant complaint, to the day of full payment, barring any special circumstances.

3. The plaintiff's winning of the decision

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