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(영문) 창원지방법원통영지원 2015.09.22 2015가단5605
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 25,500,000 as well as KRW 15,00,000 as well as the interest rate of KRW 15,00 as from May 1, 2015 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. According to the evidence No. 1-1, No. 2, and evidence No. 2, the Plaintiff loaned KRW 1,00,000 to the Defendant on November 27, 2012 without setting the interest and the due date for payment. The Plaintiff may recognize the fact that on November 21, 2014, the Plaintiff loaned KRW 15,000 to the Defendant on January 21, 2015, with the interest rate of KRW 24% per annum and the due date for payment fixed on November 21, 2015. The Plaintiff voluntarily recognized that the Plaintiff received KRW 1,5 million from the Defendant on April 20, 201, and claimed damages for delay after May 1, 2015.

Therefore, barring any special circumstance, the Defendant is obligated to pay damages for delay from May 1, 2015 to the date of full payment with respect to the total amount of KRW 16 million (i.e., KRW 15 million) and KRW 15 million with interest agreement, barring any special circumstance (i.e., KRW 1., KRW 1.6 million with respect to loans of November 21, 2014 until April 30, 2015), and to pay damages for delay from July 16, 2015 to the date of full payment (i.e., KRW 1., KRW 1.6 million with respect to loans of April 30, 2015), and to pay damages for delay from the date following the delivery of a copy of the application for the instant payment order, as sought by the Plaintiff with respect to KRW 1 million without interest agreement.

B. From April 2012 to June 12, 2015, the Plaintiff sought payment of unpaid wages by asserting that he/she would receive KRW 1.5 million per month between the Defendant and his/her labor as an instructor of a gifted education institute operated by the Defendant for the 13-month period excluding one month of unpaid leave during the 14-month period from April 2012 to June 12, 2015, and provided his/her labor as an instructor of a gifted education institute operated by the Defendant. The Defendant received only KRW 10 million out of the said wages, and the Defendant was served with a duplicate of the payment order stating the above claim, and the Plaintiff did not dispute the Plaintiff’s labor period, and instead

Therefore, unless there are special circumstances, the defendant paid 9.5 million won to the plaintiff = 1.5 million won per month x 13 months - the defendant was paid.

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