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(영문) 수원지방법원성남지원 2015.09.15 2014가단34675
대여금
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from December 12, 2014 to September 15, 2015.

Reasons

1. Facts without dispute;

A. The Plaintiff lent to the Defendant a total of KRW 10 million on May 9, 2006, KRW 15 million on May 1, 2006, KRW 15 million on July 26, 2006, KRW 10 million on July 26, 2006, and KRW 25 million on November 15, 2007.

B. The Defendant paid to the Plaintiff KRW 15 million on September 2006, KRW 20 million on October 16, 2007, and KRW 50 million on September 201, and KRW 85 million on September 201.

2. Judgment on the plaintiff's claim

A. According to the above facts, the Defendant, barring other special circumstances, is obligated to pay to the Plaintiff the amount of 15 million won (10 million won) and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 12, 2014, the following day following the due date for payment to September 15, 2015, which is the date the Defendant rendered this decision, to the extent of the Defendant’s obligation to pay to the Plaintiff 15 million won (10 million won) and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the due date

(On the other hand, the Plaintiff claimed for the payment of damages for delay from June 1, 2006 with respect to the above loan. However, since the Plaintiff lent the above money to the Defendant without setting the due date, it is reasonable to view that the payment period was due only on December 11, 2014, when two weeks, which was the reasonable period from the time when the Plaintiff requested the Defendant to pay the above money by delivering a copy of the complaint in this case. Therefore, the Plaintiff’s claim for damages for delay is justified only within the above recognized limit, and there is no reason for the remainder of the claim).

Furthermore, the Plaintiff’s above 1-A is against the Defendant.

In addition to the money stated in the port, the above money was loaned on December 20, 2006, 5 million won on September 13, 2007, 30 million won on September 13, 2007, and 2.5 million won on October 17, 2007, and sought payment of the said money.

According to each of the evidence Nos. 2, 4, 6, and 3, the fact that the Plaintiff remitted the sum of KRW 52.5 million to the account under the name of the defendant or the defendant's wife is recognized.

However, it is recognized that the money remitted as above was a loan solely with each of the above statements and evidence Nos. 13 and 5.

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