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(영문) 인천지방법원 2015.06.23 2014가단43877
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from May 28, 2014 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

(a) The following facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence Nos. 1, 6, and 8, taking into account the overall purport of the pleadings:

1) The Plaintiff entrusted C with the operation of “D” located in Yangcheon-gu Seoul Metropolitan Government woodendong, and the Defendant participated in the operation of “D” with C. (2) From April 2014 to April 2014, the Plaintiff pursued the abnormal operation of “D” and thereby, material and mental damage compensation.

3) Accordingly, the Defendant prepared and ordered the Plaintiff to pay KRW 20,000,000 to April 29, 2014, KRW 20,000,000 to the Plaintiff by May 30, 2014 (Evidence A; hereinafter “instant payment note”), and C also prepared and ordered the Plaintiff to pay KRW 60,00,000 to the Plaintiff by July 30, 2014 (Evidence A; 4) that “The Plaintiff shall pay KRW 60,00,000 to the Plaintiff by July 30, 2014 (Evidence A; 20,000,000,000,000 to the Plaintiff by the date following the Incheon District Court’s claim for loans, and paid KRW 20,000,000 to the Plaintiff by the 20th day of March 10, 2015 plus the remaining interest by the 10th day of May 10, 2015.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,00,000 agreed to pay to the Plaintiff in the instant payment memorandum, and the damages for delay calculated at the rate of 20% per annum from May 28, 2014 to the day of complete payment, which is the day following the delivery date of the payment order sought by the Plaintiff after the due date.

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