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(영문) 광주지방법원목포지원 2015.10.08 2015가합26
약정금
Text

1. From April 21, 2011 to January 3, 2015 and from July 2, 2015 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff lent KRW 185,00,000 to C around 2006, and the Defendant paid KRW 185,00,000 to the Plaintiff by April 20, 201, regarding the loan between the Plaintiff and the Plaintiff around December 11, 201.

“The terms and conditions were agreed, but did not comply with them.”

B. Therefore, according to the above agreement, the Defendant is obligated to pay to the Plaintiff the amount of KRW 185,00,000 as well as damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day of April 21, 2011, to January 3, 2015, as sought by the Plaintiff, and from July 2, 2015, the day following the delivery day of a copy of the complaint of this case, which is the day of this decision, to the day of the decision, which is deemed reasonable for the Defendant to resist the existence or scope of the obligation.

2. Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. According to Gap evidence No. 1 as to the dismissed portion, the defendant agreed to pay 185,000,000 won to the plaintiff until April 20, 201, and otherwise there is no evidence to prove that the defendant agreed to pay to the plaintiff 185,00,000 won at the rate of 5% per annum from December 11, 201, the agreed date. Thus, the plaintiff's assertion as to this portion is without merit.

4. According to the conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. It is so decided as per Disposition.

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