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(영문) 전주지방법원 2019.07.11 2019가합1977
대여금
Text

1. The defendant shall pay 328,540,000 won to the plaintiff and 12% per annum from June 26, 2019 to the day of complete payment.

Reasons

From November 19, 2016 to August 31, 2018, the Plaintiff lent a total of KRW 79.1.5 billion to the Defendant several times. However, the fact that the repayment period for the loan was due is due, can be recognized by taking account of the overall purport of the pleadings in each of the evidence in subparagraphs 1 through 4, without any dispute between the parties, or that the repayment period for the loan was due.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 380,610,000 from the Defendant.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining loans of 32,854 million won (=79.15 million won - 38,06.10 million won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 26, 2019 to the date of full payment, as requested by the plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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