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(영문) 서울남부지방법원 2020.07.24 2020나50278
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, it is confirmed that the defendant agreed to pay interest at the rate of 5 million won from the plaintiff around 1990, and 2 million won from around 1991 to 5% of each month. The defendant delayed payment of interest and payment of principal and interest on July 3, 201, while settling accounts for the unpaid principal and interest as of May 31, 2008 and preparing a certificate of loan of 30 million won after settling accounts for the unpaid principal and interest as of May 31, 2010.

“The fact that the certificate of payment(A) was prepared and delivered, and that the Plaintiff sent to the Defendant on November 16, 2018, a content-certified mail demanding the implementation of the commitment according to the above payment certificate.

According to the above facts, the defendant is obligated to pay to the plaintiff delayed payment calculated at the rate of 12% per annum from the day after the delivery of the original copy of the instant payment order to the day of complete payment as requested by the plaintiff, after the mail proving the contents of the contract amounting to 30 million won and the letter demanding the performance of the contract amounting to the defendant had reached the defendant.

The plaintiff's claim shall be accepted as reasonable.

The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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