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(영문) 서울중앙지방법원 2020.10.07 2020가단11450
대여금 청구의 소
Text

The defendant shall pay 60,00,000 won to the plaintiff and 12% per annum from April 17, 2020 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff lent 60,000,000 won to the Defendant at the monthly interest rate of 5% from November 2013 to five times.

The Defendant paid the agreed interest from February 3, 2016 to December 31, 2016, and delayed the payment of interest, and the Plaintiff and the Defendant set up a notarial deed of a monetary loan agreement (Evidence A A) and agreed to pay the Plaintiff the principal amount of KRW 60,000,000 on five occasions from December 30, 2016 to December 31, 2019, but the Defendant did not perform this.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings are examined. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 60,000,000 of the above loan of this case and damages for delay calculated at the rate of 12% per annum from April 17, 2020 to the day of full payment, which is clear that the copy of the complaint of this case was served to the defendant.

Although the defendant asserts that there is no sufficient means to repay, this is not a justifiable ground to refuse the plaintiff's claim of this case, so the defendant's above assertion is without merit.

In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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