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(영문) 인천지방법원부천지원 2016.04.20 2015가합103523
차용금 청구의 소
Text

1. The Defendant’s KRW 325,00,000 as well as 5% per annum from January 17, 2010 to January 14, 2016 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff’s mother, on March 24, 2007, lent a total of KRW 180,000,000 to the Defendant on May 18, 2007, KRW 100,000,000, and KRW 50,000 on November 30, 2007.

B. On January 9, 2008, the Plaintiff leased KRW 200,000 to the Defendant on January 9, 2008 by setting the due date as January 9, 2009.

C. On January 16, 2009, the Plaintiff, C, and the Defendant confirmed that the Defendant’s remaining loan obligations against the Plaintiff and C were KRW 325,00,000,000, and that the Defendant agreed to pay the Plaintiff KRW 325,00,000 by January 16, 2010.

On the other hand, on January 16, 2009, the Defendant’s ASEAN prepared and delivered to the Plaintiff a promissory note No. 325,000,000 won at face value, and the due date on January 16, 2010.

E. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 325,00,000 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 17, 2010 to January 14, 2016, the day following the day when the copy of the instant complaint was served on the Defendant, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day when the copy of the instant complaint is fully paid.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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