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(영문) 서울동부지방법원 2016.06.24 2015가단135881
대여금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from December 31, 2008 to January 29, 2016.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of the pleadings, the Plaintiff loaned 50 million won to the Defendant on May 28, 2008, and up to October 30, 2008. The Defendant did not repay the above money. On November 12, 2008, the Defendant agreed to pay 20 million won including damages for delay of the existing loan amount of KRW 50 million to the Plaintiff on December 30, 208.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 35 million from the Defendant. As such, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 35 million (i.e., KRW 70 million - KRW 35 million) and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 31, 2008 to January 29, 2016, which is the day following the due date for repayment, from January 29, 2016, the delivery date of the duplicate of the instant complaint, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

If so, the plaintiff's claim is justified.

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