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(영문) 인천지방법원 2015.07.17 2015가단2750
대여금
Text

1. The Defendant’s KRW 35,408,60 for the Plaintiff and its related KRW 5% per annum from January 27, 2015 to July 17, 2015.

Reasons

1. The fact that the plaintiff lent to the defendant the amount of KRW 30,006,600 on August 8, 2000, and KRW 5,402,00 on June 11, 2002 can be acknowledged by taking into account each of the statements in subparagraphs A and 2, witness C and D, as a whole, the purport of the entire pleadings.

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 35,408,600 as above borrowed money and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 27, 2015 to July 17, 2015, the date following the delivery date of a copy of the complaint of this case, which is the day when the Defendant rendered the decision, to the extent of the obligation to perform, and 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full

The plaintiff claimed for the payment of damages for delay from June 11, 2002 to the delivery date of the copy of the complaint of this case. However, each evidence described in paragraph (1) alone is insufficient to recognize that the payment period has arrived before the delivery date of the copy of the complaint of this case. Since there is no other evidence to acknowledge this differently, the defendant's claim for damages for delay from the delivery date of the copy of the complaint of this case

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as there is no ground for appeal.

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