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(영문) 서울중앙지방법원 2017.05.23 2016가단5192968
대여금
Text

1. The Defendant’s KRW 39,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 22, 2016 to May 23, 2017, and the following.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 5 as to the cause of the claim, the plaintiff may be recognized as 10,00,000 won on January 27, 201, and 10,000 won on August 1, 201, 30,000 won on November 30, 201, and 20,000,000 won on May 16, 201, and 20,000,000 won on August 27, 2012, 200,000,000 won on August 27, 201, 200, 200,000 won on August 27, 200, 200, 200. 10,000 won on April 24, 201, 200, 2005.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 39,00,000 (=64,000,000-25,000) and damages for delay calculated at each rate of 15% per annum under the Civil Act from June 22, 2016, which is the date the instant judgment is rendered until May 23, 2017, where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform, and the amount of damages for delay calculated from the following day to the date the copy of the instant complaint is served.

2. The Defendant’s assertion is alleged to the effect that “In addition to the repayment recognized by the Plaintiff, the Defendant additionally repaid KRW 15,00,000 on January 27, 201, and KRW 4,00,000 on April 25, 2013.” However, each of the entries in subparagraphs B through B is insufficient to acknowledge such fact, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.

3. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and part of the claim is accepted.

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