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(영문) 창원지방법원 2015.12.11 2015가단10854
대여금
Text

1. The Defendant: (a) KRW 37,050,000 for the Plaintiff and KRW 20% per annum from June 20, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Loan 2012-07-12 9,00,000 won for the date of determination on the cause of the claim 2012-08-10,000 won for 1,000,000 won for 2012-09-11,000 won for 2012-12-09-20,000 won for 2012-10-10,000 won for 200,000 won for 2012-12,70,700,000 won for 20-12,70,000-1250,000 won for 20-12-164,40,400,000 won for 20-29,000-10,000 won for 10-29,000-10,201-20-10, 201-20-10;

A. In full view of the purport of the entire pleadings in the statement No. 1, the Plaintiff is recognized to have lent KRW 43,800,000 to the Defendant six times from July 12, 2012 to November 24, 2012 as follows, and received KRW 6,750,000 in total from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the balance of KRW 37,050,000 (=43,800,000 - 6,750,000) out of the above loans.

B. As to this, the Defendant asserted that the above loan was written with Nonparty C and that C was aware that it was repaid by Nonparty C, but there is no evidence to acknowledge the fact that it was repaid in addition to the above KRW 6,750,000.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 37,050,000 won with 20% interest per annum from June 20, 2015 to September 30, 2015 and 15% interest per annum from the next day to the day of full payment pursuant to the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings.

[The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) and Article 2(2) of the Addenda, applying the statutory interest rate of 20% per annum until September 30, 2015, and 15% per annum from October 1, 2015]. 2. As such, the instant claim is accepted on the grounds that it is reasonable within the above recognition scope, and the remainder is dismissed on the grounds that it is without merit.

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