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(영문) 청주지방법원 2020.11.06 2019가단9712
대여금
Text

1. The defendant shall pay 161,00,000 won to the plaintiff and 12% per annum from November 9, 2019 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is obligated to pay to the Plaintiff KRW 71 million and delay damages for the loan, on the ground that there is no dispute between the parties as to the fact that the Plaintiff leased KRW 71,151,200 to the Defendant from June 30, 2017 to August 21, 2018 without setting the deadline.

B. The Plaintiff asserts that the Plaintiff is obliged to lend KRW 50 million to the Defendant, and that the Plaintiff paid KRW 47.75 million deducted the interest on July 24, 2018, and that KRW 38 million deducted the interest on October 23, 2018. Thus, the Defendant is obliged to pay the Plaintiff a total of KRW 90 million and delay damages.

B) According to the statements in Gap evidence Nos. 1 and 2, the following circumstances are acknowledged: (a) the plaintiff remitted the amount of KRW 1,750,000 to the defendant on July 24, 2018, and KRW 18,000,000 to the defendant on October 23, 2018; and (b) the defendant prepares and delivers to the plaintiff a written confirmation that "I will promise to pay the principal at the time when the date when the defendant comes to the expiration of the above KRW 90,000,000" with respect to the above KRW 90,000,000,000 to the defendant on July 24, 2018; (c) the plaintiff lent money to the defendant on July 24, 2018 to the defendant on behalf of the defendant on KRW 7,500,000,000,000,000 to the defendant on July 24, 2018.

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