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(영문) 서울중앙지방법원 2017.01.18 2016가단66699
대여금
Text

1. The Defendant’s KRW 34,00,000 and the Plaintiff’s annual rate of KRW 5% from December 31, 2007 to June 17, 2016.

Reasons

1. The fact that the Plaintiff leased KRW 34,00,000 to the Defendant on September 20, 2006, with the due date set on December 30, 2007, is not a dispute between the parties or can be acknowledged by the statement in Gap evidence 1.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 34,00,000 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from December 31, 2007 to June 17, 2016, the delivery date of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. Although the defendant asserts that all of the above loans were repaid, there is no evidence to acknowledge this, the defendant's above assertion is without merit.

3. According to the conclusion, the plaintiff's claim is justified and acceptable.

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