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(영문) 서울남부지방법원 2019.10.01 2019가단13074
대여금
Text

1. The Defendant’s KRW 44,115,00 for the Plaintiff and 5% per annum from July 19, 2019 to October 1, 2019.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the Plaintiff loaned KRW 76,140,000 in total on several occasions from April 7, 2016 to September 29, 2017, without fixing the due date. The Defendant repaid KRW 31,445,000 in total on several occasions from April 7, 2016 to September 14, 2018, the Plaintiff appropriated the principal of the loan, the Plaintiff continued to urge the Defendant to repay the unpaid loan amounting to KRW 31,445,00,00 in total, and the Defendant continued to urge the Defendant to repay the unpaid loan amounting to KRW 580,00,000 before and after the instant lawsuit, and the Plaintiff can recognize the fact that appropriated the principal of the loan as the principal.

(C) The defendant's defense of repayment is accepted as above. According to the above facts, the defendant is obligated to pay 4,115,000 won (76,140,000 won - 31,445,000 won - 580,000 won) of loans the plaintiff has not come due, and as requested by the plaintiff, the defendant is obligated to pay 5% interest per annum under the Civil Act from July 19, 2019 to October 1, 2019, which is the day following the delivery date of the copy of the complaint of this case until the day of the decision of this case, and 12% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the full payment.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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