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(영문) 서울중앙지방법원 2018.03.08 2017가단68265
대여금
Text

1. The Defendant’s KRW 63,010,00 for the Plaintiff and 5% per annum from August 24, 2017 to March 8, 2018.

Reasons

1. The Plaintiff loaned KRW 9.5 million to the Defendant on September 30, 2013, KRW 5 million on October 8, 2013, KRW 20 million on October 10, 2013, KRW 10 million on October 10, 2013, KRW 20 million on October 16, 2013, KRW 200,000 on October 16, 2013, KRW 1.5 million on October 30, 2013, KRW 1.5 million on October 30, 2013, and KRW 81.5 million on October 30, 2013, and KRW 1.5 million on October 1, 2013, between the parties, and the Plaintiff was repaid by the Defendant.

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of 63 million won (=81.5 million won - 18490,000) of the loan and the damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from August 24, 2017 to March 8, 2018, the date following the delivery of a copy of the complaint of this case, which is the date of the judgment of this case (the Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum from January 1, 2014 to the date of delivery of a copy of the complaint of this case. However, there is no assertion and proof that the Plaintiff and the Defendant agreed on the repayment date of each loan of this case as the specific date prior to the delivery date of a copy of the complaint of this case, and therefore, the Plaintiff’s above assertion is not accepted).

3. If so, the plaintiff's claim is justified within the above scope of recognition, and part of it is accepted, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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