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(영문) 서울서부지방법원 2015.06.22 2015가단6916
대여금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from January 31, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around June 20, 2002, the Plaintiff lent KRW 50,000,000 to the Defendant as interest rate of KRW 270,000 per month. Around June 19, 2007, the Plaintiff agreed to additionally lend KRW 40,000 to the Defendant around June 19, 200, to be paid KRW 90,000 per month for total loans of KRW 50,000 (=50,000,000 + KRW 40,000).

B. On November 19, 2010, the Defendant repaid KRW 10 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 4 and 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 80,000,000 (=90,000,000-10,000) and damages for delay calculated by the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 31, 2015 to the date of full payment, which is the day following the service of the original copy of the instant payment order.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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