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(영문) 대전지방법원 2020.12.09 2020가단12759
대여금
Text

The defendant shall pay 35 million won to the plaintiff and shall be 5% per annum from October 21, 2020 to December 9, 2020 and from the next day.

Reasons

1. Determination as to the cause of claim

A. According to each of the statements and arguments set forth in subparagraphs A through 5 (including additional numbers) and the purport of the whole pleadings, the Plaintiff may recognize the fact that on March 15, 2016, the Plaintiff lent KRW 35 million to the Defendant with the purchase price of the second class.

(I) The defendant's assertion that it is merely received for the exchange of money in the Philippines is not accepted).

According to the above facts, the defendant is obligated to pay to the plaintiff 35 million won with loans and delay damages calculated at the rate of 5% per annum under the Civil Act from October 21, 2020 to December 9, 2020 (the date following the delivery of a copy of the complaint) (the date when the defendant raises a dispute as to the existence and scope of the obligation to pay) and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(Plaintiff’s assertion that the agreement was made on April 15, 2016, 3% of the interest rate per month and the due date for payment on April 15, 2016. However, the Plaintiff’s claim for the conclusion on February 2, 2000 is reasonable within the scope of the above recognition, and thus, the remainder is dismissed as it is so decided as per Disposition.

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