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(영문) 춘천지방법원영월지원 2016.05.18 2015가단2961
대여금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 15% per annum from October 14, 2015 to the date of full payment.

Reasons

On February 6, 2015, the Plaintiff loaned KRW 15,00,00 to the Defendant on July 6, 2015, by setting the maturity date of KRW 15,00,00,00 to 2% for interest, and around October 2014, the Defendant joined No. 1 and received KRW 10,000,000 from the Plaintiff around that time. The Defendant paid only KRW 4,00,000 out of the deposit amount of the above number limit of KRW 10,00,00,00 for the above number limit of KRW 10,00,00,000, there is no dispute between the parties, or comprehensively taking account of the purport of each of the evidence No. 1, No. 2-1, No. 2, A, No. 3, A-4-1, and No. 2.

According to the above facts, the defendant is obligated to pay to the plaintiff 21,00,000 won (=loan 15,000,000 won - 4,000,000 won) in total and 6,000,000 won in total (=loan 15,000,000 won - - 4,000,000)) and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 14, 2015 to the day of complete payment, following the delivery of a copy of the application for partial modification of the purport and cause of the claim of this case.

As to the defendant's assertion, the defendant alleged that he repaid the amount equivalent to the above loan to the plaintiff, and paid the amount of KRW 2,000,000 out of the deposit amount, but there is no evidence to acknowledge the above assertion.

Therefore, the defendant's assertion is not accepted.

The plaintiff's claim for conclusion is justified and acceptable.

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