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(영문) 광주지방법원순천지원 2014.11.20 2014가단4648
대여금반환
Text

1. The Defendant’s KRW 21,00,000 as well as 5% per annum from June 17, 2011 to May 7, 2014 to the Plaintiff.

Reasons

1. The Plaintiff loaned a total of KRW 21 million, including KRW 6 million on April 14, 201, KRW 16,200,000 on April 16, 2011, and KRW 21 million on May 2, 201, to the Defendant by account transfer, and the Defendant prepared and delivered a certificate of loan to the Plaintiff to the effect that loans KRW 21 million on May 26, 201 will be repaid by June 16, 201. There is no dispute between the parties.

Therefore, the defendant is obligated to return the loan amounting to KRW 21 million to the plaintiff, except in extenuating circumstances.

2. As to the judgment of the defendant's defense, the defendant was in charge of the defendant's transportation of Saturdays and rock in the site development work executed by the plaintiff, and the transportation amount to be received from the plaintiff is the loan under the above Paragraph 1, which the defendant must pay to the plaintiff, so if settlement is made, it is argued that there is no money to be paid by the defendant to the plaintiff, but there is no evidence to acknowledge it, and therefore, the defendant's above assertion is rejected.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21 million and the amount of delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from June 17, 2011 to May 7, 2014, the delivery date of a copy of the instant complaint, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case is justified.

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