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(영문) 수원지방법원여주지원 2019.12.18 2019가단56963
대여금
Text

1. The Defendant’s KRW 75,00,000 as well as 5% per annum from June 21, 2018 to April 24, 2019 to the Plaintiff.

Reasons

1. According to the evidence No. 1 of the judgment on the cause of the claim No. 1, the Defendant’s loan certificate stating that “The Defendant, on June 20, 201, borrowed KRW 75,00,00 to the Plaintiff on a regular basis, and agreed the said money as of June 20, 2018,” is “the loan certificate of this case.”

A) The facts that the loan certificate of this case, which is a disposal document, was duly formed, are not disputed between the parties. Therefore, it is reasonable to deem that the Defendant borrowed KRW 75,000,000 from the Plaintiff on June 20, 201 according to the language and text thereof as the maturity date of payment on June 20, 2018. Accordingly, the Defendant does not accept the claim against the Plaintiff seeking damages for delay from June 21, 2018 (from June 20, 2018) on the following day.

[] The party liable to pay 5% per annum under the Civil Act until April 24, 2019, which is the delivery date of a copy of the complaint, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to May 31, 2019, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment (the party liable to claim for the payment of damages for delay exceeding 12% per annum from June 1, 2019 pursuant to the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings).

2. The defendant's argument regarding the defendant's assertion is asserted that the defendant's embezzlement problem between the defendant's children in marital relations and the plaintiff's married children can solve the issue of the claim of this case. However, since there is no evidence to acknowledge the above argument, the above argument is rejected.

3. In conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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