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(영문) 서울동부지방법원 2016.05.16 2015가단45643
대여금
Text

1. The Defendant shall pay KRW 74,758,00 to the Plaintiff the annual rate of KRW 15% from May 16, 2016 to the date of complete payment.

Reasons

According to Gap evidence Nos. 1-1, 2, and 3, the plaintiff lent 79,758,000 won in total over 24 times from September 19, 2008 to July 1, 2010 as shown in the annexed sheet (However, the aggregate column of the annexed sheet includes KRW 74,758,00,000 in reflecting the amount of the repayment made below) to the defendant. Meanwhile, the plaintiff was paid 5,00,000 won out of loans made on January 28, 2010.

Therefore, the defendant is obligated to pay to the plaintiff 74,758,000 won (=79,758,000 won-5,000 won-5,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2016 to the date of full payment, which is clearly indicated as the date of delivery of a copy of the purport of the claim of this case and the application for modification of the cause of the claim of this case, which contain the purport of demanding the performance of the above obligation to the plaintiff. Thus, the defendant is obligated to pay damages for delay at the rate of 15% per annum from May 16, 20

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