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(영문) 광주지방법원 2016.06.30 2016가합204
대여금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from January 12, 2016 to the day of complete payment.

Reasons

Plaintiff’s assertion

The Plaintiff leased KRW 100,00,000, respectively, to the Defendant on April 13, 2013, May 16, 2013, and October 30, 2013, the due date for repayment was March 31, 2015. As such, the Defendant is obligated to pay the Plaintiff the total amount of KRW 300,000,000 and delay damages.

Judgment

According to the purport of each of the statements and arguments set forth in subparagraphs A through 5, the Plaintiff paid KRW 100,000,00 to the Defendant on April 12, 2013, May 16, 2013, and October 30, 2013, respectively; the Defendant prepared a certificate of borrowing with the intent to repay the above amount to the Plaintiff by March 31, 2015; the Defendant paid a certain amount to the Plaintiff as interest. The fact that the Defendant paid a certain amount to the Plaintiff from September 26, 2013 to May 3, 2015 can be acknowledged.

According to the above facts of recognition, the Plaintiff lent a total of KRW 300,000,000 to the Defendant on March 31, 2015 (hereinafter “instant loan”).

The defendant is obligated to pay to the plaintiff damages for delay calculated at the interest rate of 15% per annum from January 12, 2016 to the day of complete payment, which is the day following the delivery date of the original copy of the payment order of this case filed by the plaintiff, as the principal amount of the loan of this case 300,000,000 won and after the due date.

In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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