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(영문) 창원지방법원통영지원 2020.12.15 2019가단29029
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,20,000 and the interest rate of KRW 12% per annum from December 19, 2019 to the date of full payment.

Reasons

1. In full view of the overall purport of the pleadings as to the cause of the claim, the Defendant agreed that the Plaintiff, on May 7, 2012, reduced the amount of KRW 12,200,000 to KRW 12,200,000 each month, and paid KRW 12,200,000 each month to the Plaintiff on December 30, 2012, although the Defendant failed to pay the said amount, the Defendant may recognize the fact that the Plaintiff borrowed KRW 5,00,000 from the Plaintiff on February 2, 2012, by taking account of the entire purport of the pleadings, on each of the following: (a) the judgment on the cause of the claim: (b) Party 5-1 and 2 (a) (a certificate of borrowed money, the Defendant claimed to the effect that the Defendant himself/herself is not aware of whether or not he/she marks the above loan on the first date of pleading; (c) Party 5,000,000,000.

2. The defendant's assertion is asserted that the ten-year extinctive prescription has expired since the above five thousand won was borrowed on May 2009. However, there is no evidence to acknowledge the above assertion.

(B) The Defendant is obligated to pay to the Plaintiff a total of KRW 17,200,000 (= KRW 5,000,000) and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 19, 2019 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.

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