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(영문) 대전지방법원서산지원 2013.05.21 2012가단14106
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as annual 5% from January 14, 2009 to November 8, 2012 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff lent KRW 100,000,000 to the defendant on January 14, 2009 as of the last day of each month of the payment of interest and the due date of November 30, 2009. Meanwhile, the interest rate of the claim with interest is 5% per annum, unless agreed by the parties.

(Article 379 of the Civil Act). Thus, the defendant is obligated to pay to the plaintiff interest or delay damages at the rate of 5% per annum as stipulated in the Civil Act from January 14, 2009, the date of the above loan, and from November 8, 2012, the delivery date of the complaint of this case, to November 8, 2012, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. On December 1, 2011, the Defendant asserts that, by remitting KRW 30,000,000 to the corporate bank account in the name of the Plaintiff’s wife, the Defendant repaid KRW 30,00,000 out of the above borrowed amount, and that, until September 2012, the interest was paid.

First of all, with respect to the claim for repayment of KRW 30,00,000 as principal, the Defendant: (a) did not dispute between the parties; (b) on December 1, 201, remitted KRW 30,000,00 to the corporate bank account under C’s name; (c) on the other hand, comprehensively taking account of the overall purport of pleadings as to the entries in Articles 2 and 3, C’s evidence, the Defendant lent KRW 50,000 to D Co., Ltd., Ltd., which was the representative director on October 25, 201; (b) on October 31, 2011, the Defendant transferred KRW 33,00,000,000, including the above KRW 30,000,000,000 to D Co., Ltd.’s loan to the Defendant; (d) on December 1, 201, the Defendant asserted that the amount was remitted to the above KRW 30,000,3000.

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