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(영문) 창원지방법원마산지원 2017.08.10 2017가단1847
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,680,000 and the interest rate of KRW 15% per annum from March 14, 2017 to the day of complete payment.

Reasons

According to the statement in Gap evidence No. 1 and the purport of the whole argument, it is acknowledged that the defendant prepared and delivered a loan certificate with the purport that the defendant pays the plaintiff the total amount of 3,968 million won for personnel expenses and construction expenses for Eul up to February 28, 2017. Barring special circumstances, the defendant shall pay 3,968 million won and delay damages to the plaintiff.

In regard to this, the defendant issued and delivered the above loan certificate by mistake even though he did not have the obligation to pay to the defendant the remainder of KRW 31 million, excluding labor cost of KRW 8.680,000,000.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 14, 2017 to the date of full payment, after serving the original copy of the payment order with respect to KRW 3,968,00 and the Defendant.

The plaintiff's claim is accepted.

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