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(영문) 인천지방법원 2017.11.17 2017가단202561
대여금
Text

1. The Defendant’s KRW 107,272,00 for the Plaintiff and KRW 5% per annum from March 6, 2017 to November 17, 2017, and the following.

Reasons

From May 28, 2010 to December 31, 2015, the Plaintiff lent a total of KRW 149,910,000 to the Defendant without due date, and received reimbursement of KRW 42,638,00 from the Defendant, which was paid by the Plaintiff, to the Defendant on the same day, rather than lending KRW 4,00,00 to the Defendant on June 20, 2014.

the parties are not in dispute, or may be admitted as a whole by taking into account the descriptions and images of Gap evidence 1, 2, 3, 5, and 6 and the purpose of all pleadings.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of 107,272,00 won (i.e., 149,910,000 won-42,638,000 won) and 15% per annum under the Civil Act from March 6, 2017 to November 17, 2017, which is deemed reasonable for the Defendant to dispute over the scope of its performance obligations, on the date following the delivery date of a copy of the instant complaint, which is the day after the date of the instant decision, to the day after the date of the instant decision, which is the date of the instant decision, to the day after the date of full payment.

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