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(영문) 서울중앙지방법원 2014.12.16 2014가단38751
대여금 반환
Text

1. The defendant shall pay 20 million won to the plaintiff and 20% per annum from July 30, 2012 to the day of complete payment.

Reasons

1. According to the statement in Gap evidence No. 1, the defendant is obligated to pay the plaintiff interest and delay damages calculated at the rate of 20% per annum for the plaintiff from July 30, 2012 to the day of full payment, as follows: "20 million won per annum, interest rate of 2% per month, overdue interest rate of 3.5% per month, and interest rate of 3.5% per loan period of July 30, 2012 to October 30, 2012." Thus, the defendant is obligated to pay to the plaintiff interest and delay damages calculated at the rate of 20% per annum for the plaintiff to the day of full payment.

2. The Plaintiff asserted that on November 20, 2012, the Defendant lent KRW 30 million to the Defendant, and according to the evidence No. 2, the Plaintiff’s deposit of KRW 30 million to the Defendant’s national bank account on November 20, 2012. However, the Plaintiff’s above assertion is without merit, since it is difficult to recognize the Plaintiff’s deposit of KRW 30 million with the Defendant’s national bank account on November 20, 2012.

(3) The defendant asserts that the above KRW 30 million is a lease deposit and the settlement thereof has been completed. 3. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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