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(영문) 청주지방법원 2017.12.21 2017가단7323
대여금
Text

1. The defendant shall pay 39 million won to the plaintiff and 15% per annum from June 16, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. In full view of each of the statements in Gap evidence No. 1 and Eul evidence No. 6 (including the provisional number), the plaintiff was determined and lent to the defendant two times on May 31, 2017 by the deadline for payment, and the defendant agreed to pay the above loan (hereinafter referred to as "the loan agreement of this case") to the plaintiff even before the above deadline for payment, and pursuant to the loan agreement of this case, the plaintiff of this case transferred to the defendant KRW 15 million to the defendant on July 29, 2016, and KRW 24.9 million on August 16, 2016, and the defendant did not pay the above loan to the plaintiff by the deadline for payment.

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above loans of KRW 39.9 million and damages for delay calculated by adding the annual interest rate of KRW 15% from June 16, 2017 to the day of complete payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. As to the assertion, the Defendant received a subcontract from the Plaintiff for the installation of a detached house, an inn, and an office building (hereinafter “instant construction”) on the parcel of land outside D, Cheongju-si, and one (hereinafter “Cheongju-si”). Since C discontinued the construction of the instant construction and did not appear at the construction site, C completed the painting construction at the Plaintiff’s order at that time, and accordingly, upon the Plaintiff’s request, received the payment of the said seal construction cost from the Plaintiff, the Defendant only prepared and delivered a document of borrowing money (Evidence 1) to the effect that, upon the Plaintiff’s request, it will return it to the Plaintiff in addition to the payment of the said seal construction cost.

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