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(영문) 인천지방법원 2017.01.11 2016가단42038
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,000,000 as well as 15% per annum from August 4, 2016 to the date of full payment.

Reasons

1. On June 14, 2002, the Plaintiff loaned KRW 100,000,000 to the Defendant on June 14, 2002, comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2. The Defendant paid KRW 90,000,000 among the above loans of KRW 100,000 to the Plaintiff on April 14, 2009, and the Defendant agreed to pay KRW 50,000 among them until the end of June 2009, to pay KRW 40,000 until the end of June 2009. Accordingly, the Defendant is obligated to pay the Plaintiff the above KRW 90,000,000 and thereafter pay damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original original copy of the instant payment order to the day of full payment as sought by the Plaintiff.

2. Although the Defendant made a decision on the Defendant’s defense of repayment, the Plaintiff forced the Plaintiff to pay KRW 100,000,000 to the Plaintiff on April 14, 2009. However, the Defendant submitted only a formal objection on August 16, 2016 upon receipt of the instant payment order on August 3, 2016. This court did not give any reply even if it issued an order to submit specific arguments and supporting evidence on September 6, 2016. On November 9, 2016, the Defendant issued an order to submit evidence to the Defendant within two weeks from the first date of pleading, and this court did not dismiss the evidence submitted by the Defendant on November 30, 2016. Thus, the Defendant did not submit evidence to the Defendant on the ground that the Defendant did not submit the evidence within two weeks from the first date of pleading to November 30, 2016.

3. It is so decided as per Disposition by admitting the plaintiff's claim.

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