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(영문) 인천지방법원 2015.01.13 2014가단28724
대여금
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of 5% from April 3, 2014 to May 12, 2014.

Reasons

1. The following facts are deemed to have been led by the defendant under Article 150 of the Civil Procedure Act:

A. The plaintiff operates the CF, and the defendant served as a member at CF as a CF.

B. The Defendant purchased used cars and sold them after receiving them, and requested the Plaintiff to lend money due to insufficient funds.

C. On April 19, 2013, the Plaintiff remitted KRW 20,000,00 to the deposit account in the name of D designated by the Defendant, and on May 18, 2013, transferred KRW 10,000 to the deposit account in the name of E designated by the Defendant.

On May 19, 2013, the Defendant: (a) borrowed KRW 30,00,000 from the Plaintiff as interest rate of KRW 400,00 per month; and (b) drafted and delivered a loan certificate stating that the Plaintiff would immediately repay the principal and interest upon the Plaintiff’s request; and (c) on the other hand, the repayment period of the loan designated by the Plaintiff is April 3, 2014.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 5% per annum for the Plaintiff within the scope of the agreed interest rate from April 3, 2014 to May 12, 2014, which was served on the Defendant by the copy of the complaint of this case from April 3, 2014 to the date of preparation of a loan certificate, and at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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

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