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(영문) 의정부지방법원고양지원 2016.08.25 2016가단11847
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from May 4, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings, the Plaintiff loaned KRW 100 million to the Defendant around May 2012, and the Defendant, on April 15, 2013, repaid the Plaintiff the loan amounting to KRW 20 million out of KRW 100 million, and issued and delivered the loan certificate for KRW 80 million, and the Defendant, on June 17, 2013, additionally repaid the Plaintiff KRW 20 million to the Plaintiff.

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 60,000,000 and damages for delay calculated at the rate of 15% per annum from May 4, 2016 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant asserts that since the Plaintiff received the above money from C by requiring the Plaintiff to pay the construction cost of KRW 60 million to be received from C, the Plaintiff’s debt to the Plaintiff was fully repaid. In full view of the purport of the entire pleadings as to the entries in the evidence Nos. 2 through 8, the Defendant’s other creditors attached the Defendant’s claim for construction cost against C as the High Government District Court Decision No. 2013Kadan5039 on June 10, 2013, and the Plaintiff’s claim for construction cost was provisionally returned to C on December 31, 2013, and the Plaintiff received KRW 60 million from C, and the Defendant’s claim for collection amount of KRW 200,000 against D was not determined by the Defendant’s claim against the Defendant for reimbursement (which is the Defendant’s High Government District Court Decision No. 2014Ga5345, 2015 or 202375, 2013).

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