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(영문) 서울중앙지방법원 2018.01.23 2017가단81466
대여금
Text

1. The Defendant’s KRW 105,00,000 and the Plaintiff’s annual rate of KRW 5% from August 29, 2017 to January 23, 2018, and the following.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, it is recognized that the plaintiff lent KRW 130,000,000 to the defendant on November 28, 2013, and the plaintiff is a person who has received reimbursement of KRW 15,00,000 among the above loans. Thus, barring any special circumstance, the defendant is liable to pay the plaintiff unpaid loans and delay damages, as stated in the purport of the claim.

As to this, the defendant alleged to the effect that "the defendant repaid total amount of KRW 25,00,000 among the above loans", the above facts are recognized in full view of the purport of the whole pleadings in the statement in No. 1, since the defendant's above assertion is with merit.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 105,00,000 (i.e., KRW 130,000-25,000-25,000) and the damages for delay calculated at the rate of 15% per annum under the Civil Act from August 29, 2017, which is the date the original copy of the instant payment order was served on the Defendant, to January 23, 2018, which is the date the instant judgment is rendered, to the effect that it is reasonable to dispute the existence or scope of the obligation of the Defendant, as requested by the Plaintiff.

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