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(영문) 서울중앙지방법원 2019.11.19 2019가단5095228
대여금
Text

1. As to the Plaintiff KRW 40,000,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 30,00,000,00.

Reasons

1. According to the evidence evidence Nos. 1 and 2 as to the cause of the claim, it is recognized that the Plaintiff loaned KRW 10,000,000 to the Defendant on August 1, 2017 by setting the interest rate of KRW 2% and September 1, 2017, and lent KRW 30,000,000 on August 8, 2017 as interest rate of KRW 2% and the due date of repayment of November 8, 2017.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum from August 2, 2017, which is the following day of the lending day to the date of full payment for KRW 40,000,000 and KRW 10,000,000, which is the following day of the lending day, to the Plaintiff.

2. The defendant's argument regarding the defendant's assertion is asserted that the plaintiff agreed to pay the above loan from the dividend when C real estate held by the defendant is sold at auction. However, there is no evidence to acknowledge this, the defendant's above argument is without merit.

3. The plaintiff's assertion is justified and it is so decided as per Disposition.

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