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(영문) 서울중앙지방법원 2019.05.31 2018가합560598
대여금
Text

1. The Defendant’s KRW 325,00,000 as well as 12% per annum from March 1, 2017 to August 6, 2018 to the Plaintiff.

Reasons

According to the facts stated in the evidence No. 1 and the whole purport of the pleadings, there is no dispute between the parties to the judgment as to the cause of the claim, or the plaintiff lent KRW 325,00,000 to the defendant around September 2012, the defendant did not repay the loan thereafter. The plaintiff and the defendant prepared a loan certificate as to the above loan on July 21, 2017, and it is recognized that the loan principal was not paid from September 1, 2012 to July 2018 (the maturity of the lending period as stated in the evidence No. 1) and the end of July 2018 (the expiration of the lending period as of July 1, 2017 and July 2018). However, even in any case, the lending period has expired as of the date of the argument at the trial at the trial at the time of the party, and the interest on the loan amount has not been paid from February 21, 2017 to the loan amount as above.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 325,00,000 and damages for delay calculated at the rate of 12% per annum from March 1, 2017, which is the date of delivery of the copy of the complaint of this case until August 6, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

The judgment of the defendant regarding the defendant's defense is based on the plaintiff's repayment of the plaintiff's loan, and the defendant's 10 bus payment was made in kind to the plaintiff, but there is no evidence to acknowledge it.

The defendant's defense of payment in kind is without merit.

The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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