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(영문) 부산지방법원 2017.11.09 2017가단7978
대여금
Text

1. The defendant shall pay 62,00,000 won to the plaintiff and 15% per annum from March 3, 2017 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2-1 through 4, and 3, the Plaintiff loaned a total of KRW 6,1730,000 to the Defendant 14 times from January 3, 2014 to August 4, 2014, as shown in the attached Table, and the Plaintiff agreed on the repayment of the loans made with the Defendant on February 25, 2016.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from March 3, 2017 to the day of full payment, which is the day following the delivery of the instant complaint.

The defendant asserts that there is a difference in the amount of loans, and that there is investment in the same business, and that there is an amount of direct repayment by account or account.

In light of the above facts, there is a difference between the defendant's assertion and the loan amount.

The part that was invested or received as a partnership business is difficult to accept, and it is difficult to accept the part that was repaid by the Defendant, unless there is evidence to prove that the Defendant repaid.

If so, the plaintiff's claim is justified and acceptable.

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