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(영문) 서울서부지방법원 2019.08.22 2019가단1568
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 5% per annum from March 11, 2019 to the date of full payment.

Reasons

1. According to the evidence No. 1 (the evidence of evidence) without dispute over the establishment, it can be acknowledged that the Defendant, on April 20, 2010, prepared a loan certificate stating that “the Defendant shall borrow money of KRW 40 million and remit money of KRW 200,000 to the Plaintiff at the end of each month,” and accordingly, the Defendant is liable to repay the borrowed money of KRW 40 million.

2. As to this, the Defendant: (a) lent KRW 5 million from the Plaintiff 20 years prior to the 20 year ago to prepare a loan certificate of KRW 40 million by including interest from the Plaintiff to be repaid at interest rate of KRW 40 million; and (b) the Plaintiff’s provisional attachment of the Defendant’s claim for the refund of the lease deposit amount of KRW 3 million against the lessor and deposited KRW 1,983,000 after deducting the lessor from the deposit in arrears; (c) however, the Defendant’s assertion is not accepted as there is no evidence to acknowledge the above assertion.

(3) In light of the records submitted by the Defendant, the lessor is obligated to pay 40 million won and damages for delay calculated at the rate of 5% per annum from the day following the delivery of a copy of the complaint as sought by the Plaintiff to the day of complete payment. Thus, the Plaintiff’s claim is accepted.

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