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(영문) 대전지방법원 2019.10.02 2019가합100961
대여금
Text

1. The Defendant’s KRW 438,00,000 and the Plaintiff’s annual rate from February 1, 2018 to March 29, 2019.

Reasons

1. Determination on the cause of the claim

A. The Defendant, which the Plaintiff became aware of in the introduction of C, a high-speed ship, was loaned KRW 50 million to the Defendant’s account designated by the Defendant as the fund for the sales agency business, KRW 30 million on January 29, 2015, KRW 50 million on June 16, 2015, KRW 50 million on July 3, 2015, KRW 23 million on August 24, 2015, KRW 15 million on August 26, 2015, KRW 500,000 on October 16, 2015, KRW 443 million on the Defendant’s account, or transferred through the account or E’s account operated by C, and the Plaintiff could not finally demand the Defendant to pay the payment from around 2016 to 300,000,000 on August 26, 2015, or agreed to pay the payment to the Defendant on the last day of 14th of each month.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 438 million won and 5% per annum as stipulated in the Civil Act from February 1, 2018 to March 29, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

(A) The Defendant asserted that the Defendant paid KRW 50 million to C around June 2015 with respect to the loans of KRW 50 million on January 29, 2015, but there is no evidence to acknowledge this, and thus, the above assertion is not accepted). 2. As such, the Plaintiff’s claim is reasonable, and thus, it is so decided as per Disposition.

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