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(영문) 대구지방법원 2017.03.14 2016가단34578
대여금
Text

1. The Defendant calculated the Plaintiff at the rate of KRW 35,00,000 and the annual rate of KRW 15% per annum from October 5, 2016 to the date of full payment.

Reasons

Considering the absence of dispute between the parties or the overall purport of the arguments and arguments as to Gap evidence Nos. 1, 2, 3, 4, 5, and 7, the plaintiff lent money to the defendant and C until December 2014. The defendant and C promises to return to the plaintiff 42,051,90 won borrowed during their lendings around that time, and return KRW 377,51,990 to the plaintiff on January 6, 2015. The defendant used KRW 35 million among the remaining KRW 45,00,000,000 used by the defendant to return to each plaintiff. The defendant agreed to return KRW 1,50,000 used by C to the plaintiff, and on January 14, 2015, the defendant prepared the above amount of KRW 1,500,000 to the plaintiff by no later than February 14, 2015, and delivered the above amount of KRW 1,500,000,00.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above loan or agreed amount of KRW 35 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 5, 2016 to the date of full payment, which is obvious from the date following the day when the original copy of the payment order was served to the defendant who is sought by the

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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