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(영문) 대전지방법원홍성지원 2015.05.27 2015가단1987
대여금
Text

1. The Defendant shall pay 50 million won to the Plaintiff and 20% per annum from January 29, 2015 to the day of complete payment.

Reasons

1. The fact that the Plaintiff leased KRW 50 million to the Defendant on May 3, 2012 without having set the due date for reimbursement is no dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 20% per annum (the day following the delivery day of the original copy of the instant payment order) from January 29, 2015 to the day of full payment (the day following the delivery day of the original copy of the instant payment order).

2. Judgment on the defendant's defense

A. The Defendant’s defense that the Plaintiff was awarded a subcontract for the construction of modern steel steel steel production facilities from the offshore plant Co., Ltd., and the manufacturing corporation among the above construction works decided to take charge of the Plaintiff and the Defendant responsible for the construction works.

However, the Plaintiff demanded the Defendant to omit in the above construction work, and agreed to pay KRW 110 million to the Defendant on that condition.

The defendant shall offset the loan claim of this case with the above agreed deposit claim.

B. It is not sufficient to acknowledge that the Plaintiff agreed to pay KRW 110 million to the Defendant on the condition that the Plaintiff was omitted in the construction of the above intensive equipment by itself, and there is no other evidence to acknowledge the agreement.

Therefore, the defendant's defense is without merit.

3. Conclusion, the plaintiff's claim is justified.

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