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(영문) 인천지방법원 2016.03.24 2016가단205211
차용금
Text

1. The defendant shall pay 170,000,000 won to the plaintiff and 15% per annum from January 6, 2016 to the day of complete payment.

Reasons

1. On November 30, 201 upon the Defendant’s request, the Plaintiff, at the Defendant’s request, remitted KRW 100 million to C’s account designated by the Defendant, and on December 19, 201, lent KRW 200 million in total to C’s account.

However, since the defendant does not pay the remainder of KRW 30 million among them, the defendant is obligated to pay to the plaintiff the balance of the loan of KRW 170 million and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the original copy of the payment order of this case to the day of full payment.

2. Grounds for recognition: Article 208(3)2 of the Civil Procedure Act and Article 150(3) of the same Act (i.e., a judgment deeming a person to be a person as a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person,

In addition, the Defendant received a recommendation from this court to urge the Plaintiff to make a specific assertion on the grounds for objection, but did not comply therewith and did not appear on the date of pleading, and thus all of the Plaintiff’s assertion is deemed to have been led to a confession (see Supreme Court Decision 89Meu4045, Jul. 25, 1989). 3. Accordingly, according to the conclusion, the Defendant is obliged to pay to the Plaintiff the Plaintiff the amount of KRW 170,000,000 and the damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 6, 2016 to the date of full payment.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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