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(영문) 수원지방법원 2016.02.03 2015가합4019
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from February 4, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of claim, etc.

A. In full view of the facts without any dispute over the cause of the claim and the purport of the entire entries and arguments in Gap evidence Nos. 1 and 2, the plaintiff and the defendant are women. The defendant borrowed KRW 250 million from the plaintiff's account to his/her own account on September 19, 2014, and borrowed it. The plaintiff sent to the defendant on March 12, 2015 that the plaintiff shall return the above loan KRW 250 million to the defendant on March 31, 2015, including the above loan KRW 250 million until March 31, 2015. Since the defendant was served the defendant around that time, the defendant is obligated to pay to the plaintiff KRW 250 million and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the judgment of this case that the plaintiff seeks to pay the loan KRW 250 million to the plaintiff.

B. As to the Defendant’s assertion, the Defendant acknowledged that it borrowed KRW 250 million from the Plaintiff, but argued to the effect that the Plaintiff had deferred the payment period by stating that it would have been “after the delay of the payment period.” However, there was no specific assertion as to when the Defendant had the payment period postponed even after the Defendant, and according to the evidence Nos. 5-1 (Records No. 5) of the Defendant’s answer to the Plaintiff on May 12, 2015, the Defendant sent to the Plaintiff, “I-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

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