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(영문) 서울서부지방법원 2017.06.15 2017가합32770
대여금
Text

1. As to KRW 590,00,000 among the Plaintiff and KRW 90,00,000, the Defendant shall pay to the Plaintiff the Plaintiff KRW 590,000 from February 23, 2016 to March 7, 2017.

Reasons

1. Determination as to the cause of claim

(a) Facts below the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the overall purport of the pleadings in each entry in Gap evidence 1 to 4.

1) On September 22, 2015, the Plaintiff lent KRW 90,000,00 to the Defendant on or before February 22, 2016. On February 22, 2016, the Plaintiff agreed with the Defendant to pay KRW 90,000,00 to the Defendant including 1% per month interest while extending the said period of repayment as of September 22, 2016. (2) On December 2, 2015, the Plaintiff leased the Defendant with the maturity of KRW 50,000 on December 1, 2016 and interest at KRW 200,000 per month.

3) The Defendant did not pay the Plaintiff the above KRW 90,00,000 and KRW 500,000,000 each due date. (B) According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of KRW 590,00,000 per annum from February 23, 2016 to March 7, 2017, which is the delivery date of the original payment order of this case, to KRW 90,000,000 (= KRW 90,000,000,000, and KRW 90,000,000,000, which is the annual interest or delay damages calculated at the rate of KRW 15% per annum from the following day to the day of full payment, to the day of each of the above provisions of the Civil Act to the day of complete payment, and to the day of full payment, from December 27, 2016 to the day of service.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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