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(영문) 창원지방법원통영지원 2015.06.02 2015가단20789
대여금
Text

1. As to the Plaintiff’s KRW 24,830,00 and KRW 21,830,00 among them, the Defendant shall start on March 27, 2015, and the remainder of KRW 3,00.

Reasons

According to the overall purport of Gap evidence Nos. 1 and 2 (including various numbers), it is recognized that the plaintiff lent a total of 36,880,000 won to the defendant as stated in the attached monetary transaction statement No. 1, and received a total of 12,50,000 won from the defendant as stated in the attached monetary transaction statement No. 2 as stated in the attached monetary transaction statement No. 2. Thus, the defendant is liable to pay the plaintiff a total of 24,830,000 won (i.e., loans 36,880,000 won - 12,050,000 won - 21,830,000 won as stated in the application for the payment order of this case among this case and the above 21,830,000 won as stated in the attached monetary transaction statement No. 1, 205,000 won from March 27, 2015 to December 29, 2014>

As to the above KRW 3,00,000, the Plaintiff sought payment of damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 27, 2015 to December 29, 2014, the delivery date of the duplicate of the application for the instant payment order from March 27, 2015 to December 11, 2014, which is the date of service of the duplicate of the application for the alteration of the purport of the claim and the cause of the claim. However, the Defendant cannot be deemed to have failed to perform his monetary obligation upon receipt of the complaint during the above period. Thus, the Plaintiff’

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. In light of the fact that the part of the plaintiff's claim is dismissed as part of the damages for delay in order to correct the base date of the damages for delay, the costs of the lawsuit are assessed against the defendant in whole.

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