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(영문) 부산지방법원 2017.02.17 2016가단4903
대여금
Text

1. As to the Plaintiff KRW 189,50,000 and KRW 5,000 among them, the Defendant shall pay to the Plaintiff KRW 189,50,000 from November 20, 2012.

Reasons

1. Determination on the cause of the claim

A. According to the overall purport of Gap evidence Nos. 1, 2, and 3, the plaintiff lent money several times since August 16, 2010 to the defendant, including lending KRW 10,000,000 to the defendant. On November 7, 2012, the defendant agreed to pay KRW 180,000,000 to the plaintiff 160,000,000 in total of the borrowed principal and interest KRW 20,000,000 until December 30, 2013. After that, the plaintiff determined as the maturity date on November 19, 2012 and lent KRW 5,00,50,000 to the defendant as the maturity date on December 5, 2012, each of them can not be acknowledged as having been leased.

B. Accordingly, the Defendant is obligated to pay the Plaintiff the total amount of KRW 189,50,000,000 (= KRW 5,000,000,000) and KRW 5,000,000,00 of the principal of the loans, etc. from November 20, 2012 following the due date for payment; KRW 4,500,000,000 following the due date for payment for the principal from December 6, 2012; KRW 160,000,000 following the due date for the principal from December 31, 2013 to February 1, 2016, which is the delivery date of a copy of the complaint of each case; and KRW 5% per annum under the Civil Act from the next day to the due date for payment; and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the due date to the due date for payment.

2. The defendant's defense against the plaintiff is proved to have paid all the above borrowed money to the plaintiff, but there is no evidence to acknowledge it, and the defendant's defense is without merit.

3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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