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(영문) 인천지방법원 부천지원 2018.05.16 2018가단338
차용금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 58,00,000 and the interest rate of KRW 15% per annum from January 24, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On November 16, 2016, the Plaintiff lent KRW 116,000 to the Defendant.

B. On August 1, 2017, the Plaintiff received KRW 58,000,000 from the Defendant out of the above loans.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 58,000,000 (i.e., KRW 116,000,000-58,000) and damages for delay calculated at the rate of 15% per annum from January 24, 2018 to the date following the date following the delivery of a copy of the complaint of this case to the date of complete payment.

B. As to the defendant's assertion and its determination, the defendant argued to the purport that since the defendant agreed on the repayment period of the above loan two years after the lending date, the payment period has not yet arrived at, but there is no evidence to acknowledge it, and the above argument by the defendant is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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