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(영문) 광주지방법원 2021.03.24 2020가단533704
대여금
Text

1. The defendant's KRW 34,000,000 and about this, 5% per annum from September 10, 2020 to March 24, 2021 to the plaintiff.

Reasons

1. On July 13, 2018, the Plaintiff asserted that KRW 34,00,000 was due and paid to the Defendant on January 1, 2019.

Therefore, the Defendant should pay to the Plaintiff the amount of KRW 34,00,000 and damages for delay from January 1, 2019.

2. According to the evidence evidence No. 1, the plaintiff lent KRW 35,000,00 to the defendant around July 2018, and the remaining loan that the defendant received KRW 1,000,000 from the defendant constitutes 34,00,000. Thus, the defendant is obligated to pay the loan amount of KRW 34,00,000 to the plaintiff and the delayed damages.

However, the Plaintiff determined the due date on January 1, 2019.

Although claiming the amount of delayed damages from the day of claim, it is not sufficient to acknowledge that there was an agreement on the due date solely with the statement of evidence No. 1, and there is no other evidence to acknowledge it, the plaintiff's claim for this portion is without merit.

3. According to the conclusion, the defendant is obligated to pay to the plaintiff losses for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from September 10, 2020 following the day on which the plaintiff delivered a copy of the complaint of this case for which the plaintiff sought payment of the loan amount of KRW 34,000,000 and the defendant's claim for payment of the loan amount of KRW 34,000,00, and from September 10, 2020 following the day after the delivery of the copy of the complaint of this case for which the plaintiff sought payment, until March 24, 2021.

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