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(영문) 인천지방법원부천지원 2015.01.22 2014가단41454
대여금
Text

1. As to KRW 35,96,712 and KRW 24,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 35,96,712 from December 24, 2014 to January 22, 2015.

Reasons

1. Facts of recognition;

A. On April 2, 2004, the Plaintiff lent KRW 24,000,000 to the Defendant (hereinafter “the instant loan or loan”).

B. On April 2, 2004, the Defendant issued to the Plaintiff a promissory note with the place of payment and the place of payment in Seoul (hereinafter “instant promissory note”) with respect to the instant loan loan amount of KRW 24,000,000 at face value, July 22, 2004, and a promissory note with the place of payment and the place of payment in Seoul (hereinafter “the instant promissory note”) with respect to the instant loan amount set up and issued as the Defendant’s name

[Grounds for recognition] The descriptions of Gap 1, 2, and 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 24,00,000,000 of the borrowed principal and the delay damages therefor which have not been paid to the plaintiff.

B. The Plaintiff asserted that at the time of the instant loan loan agreement with the Defendant, the Plaintiff agreed to pay 5% interest per annum on the instant loan. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant loan claim is a claim with interest, and there is no other evidence to prove otherwise.

C. However, in light of the entry and issuance process of the Promissory Notes, it is reasonable to view that the Defendant agreed to pay the instant loan to the Plaintiff by July 22, 2004, which is the date of the payment of the Promissory Notes. Thus, the Defendant is liable for delay with respect to the instant loan from July 23, 2004, which is the date following the payment date. The Defendant is liable for delay with respect to the instant loan from July 23, 2004 to July 21, 2014 at the rate of five percent (5%) as stipulated in the Civil Act, as the Plaintiff seeks, the amount shall be KRW 11,99,96,712.

Therefore, as to the Plaintiff’s total amount of KRW 35,96,712 (24,00,000 of the borrowed principal of this case until July 21, 2014) and KRW 24,00,000 of the borrowed principal, the Defendant is the date following the delivery date of the original copy of the instant payment order, which is the date following the delivery date of the original copy of the instant payment order, to dispute the existence or scope of the Defendant’s obligation.

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