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(영문) 울산지방법원 2015.02.11 2014가단26926
대여금
Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s 12% per annum from March 29, 2013 to September 29, 2014.

Reasons

1. According to the evidence No. 3 and No. 4 as to the cause of the claim, the Defendant borrowed KRW 50 million to the Plaintiff on March 29, 2013 by 1% per month. From April to June, 2013, the Defendant written a written statement of repayment stating that only interest shall be paid on April 25, 2013, from July 25, 2013 to April 25, 2014, and that interest shall be paid KRW 50 million per annum from July 25, 2013 to April 25, 2014, and the Plaintiff transferred KRW 50 million to the Defendant’s account, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 50 million and delay damages from March 29, 2013 to September 29, 2014 to the date of the instant complaint.

(2) The plaintiff's assertion is without merit, but it is not sufficient to acknowledge that the defendant exempted the plaintiff from the amount of KRW 50 million which the plaintiff lent to three hundred, since the defendant exempted the plaintiff from the amount of KRW 50,000,000,000,000,000 of the team members D and the monthly payment of KRW 22,95,000,000,000 of the monthly payment of December 16, 2013.

Furthermore, the Defendant’s case of insurance concluded after departure from employment enjoys more than KRW 200 million economic benefits, and the Plaintiff received refund due to the termination of vehicle lease, and the Plaintiff, while making installment agreements at the branch around March 2014, demanded that the Plaintiff borrow money from the Plaintiff, which is contrary to the principle of good faith or the principle of no-competient. However, it is difficult to recognize that the Defendant’s claim is contrary to the principle of good faith or the principle of no-competient.

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