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(영문) 서울남부지방법원 2018.01.11 2017가단26106
대여금
Text

1. As to the Plaintiff KRW 30,000,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000,000 from June 1, 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Although the Plaintiff asserts that he/she additionally lent KRW 500,000 to the Defendant on May 13, 2016 after the receipt of the loan certificate, the Plaintiff’s partial withdrawal of the loan amount is insufficient to accept the Plaintiff’s additional loan amounting to KRW 500,00,000, as there is no other evidence to acknowledge it.

The Plaintiff filed a claim for the payment of damages for delay from March 14, 2016, but according to the Gap evidence No. 1, the Defendant borrowed KRW 30,000,000 from the Plaintiff, and the payment period for KRW 10,000 shall be determined on May 31, 2016 as of March 31, 2017. Thus, unless there is any assertion that there is an agreement on the payment of interest, the Defendant shall recognize the payment period after the above and shall not accept the claim for damages for delay in excess thereof.

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