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(영문) 수원지방법원 2016.04.07 2015가단40780
대여금 등
Text

1. The Defendant’s KRW 20,000,000 and the following day shall be 5% per annum from August 26, 2015 to April 7, 2016 to the Plaintiff.

Reasons

1. On April 1, 2015, the Plaintiff agreed to receive KRW 15,00,000,000 as the deposit money for each of the above commercial buildings, and KRW 10,000,00 as the deposit money for lease under the above 205, and KRW 30,000,00 as the deposit money for lease under the above 203, by remitting the money for lease under the above 10,000,000 to the Defendant on April 30, 2015. According to the above agreement, the Plaintiff had the Defendant pay the deposit money for lease under the above 205, by remitting the money for lease under the above 10,00,000,000 to the Defendant on the same day, or by integrating the purport of the evidence No. 1 and No. 205.

The Plaintiff asserted that the Defendant did not pay KRW 30,000,000 for the said payment date, which was due on April 30, 2015, and that it agreed with the Defendant to receive interest calculated at the rate of 2% per month from May 1, 2015, and that the Defendant agreed to receive interest for the said KRW 30,000,000 from the Defendant, even though the said payment date was due on May 30, 2015, the Plaintiff sought interest payment based on the agreed rate from May 1, 2015. However, there is insufficient evidence to acknowledge that the Plaintiff and the Defendant agreed to have an interest agreement as above with the Plaintiff solely on the written evidence Nos. 4 and 5, and there is no other evidence to support it.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 20,000,000 with the exception of KRW 10,000,000,000, which is the remainder of KRW 30,000,000, and the damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from August 26, 2015, the day following the delivery date of a copy of the complaint in this case, to April 7, 2016, which is deemed reasonable for the Defendant to dispute the existence and scope of the above obligation, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

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