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(영문) 창원지방법원진주지원 2015.09.11 2015가단1174
대여금
Text

1. The defendant shall pay to the plaintiff KRW 44,00,00 out of KRW 266,891,898 and the above money, from November 27, 2014 to the day of full payment.

Reasons

In the absence of dispute between the parties or in full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed an application for payment order against the defendant under the Changwon District Court 2004Guj8120, Nov. 3, 2004, which stated that "the defendant shall pay to the plaintiff the amount of KRW 156,669,862 and KRW 44,000,000 calculated at the rate of 25% per annum from October 26, 2004 to the date of full payment," and that the above payment order shall be served to the defendant on Nov. 11, 2004 and confirmed on Nov. 26, 2004."

According to the facts found above, the defendant is obligated to pay damages for delay calculated at the rate of 25% per annum from October 26, 2004 to October 26, 2014 (4,00,000 x 25% x 1010,036 x 25%) and interest rate of 44,00,000,000 won per annum from October 27, 2014, calculated at the rate of 26,891,898 won [the principal and interest of 156,669,862 won as stated in the payment order] as calculated as of October 26, 2014 and interest rate of 44,00,000 won per annum from the following day to October 26, 2014.

The defendant asserts that he paid the full amount of the borrowed money from the plaintiff, but there is no evidence to acknowledge this, so the defendant's argument is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.

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