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(영문) 울산지방법원 2018.06.26 2017가단17428
대여금
Text

1. The Defendant’s KRW 19,50,000 as well as the Plaintiff’s annual rate of KRW 5% from February 24, 2018 to June 26, 2018, and the following.

Reasons

The Plaintiff, from October 201 to February 2013, transferred the amount equivalent to KRW 150 million in total from the deposit account in the name of the Defendant to the deposit account in the name of the Defendant, and received KRW 5.2 million, the Plaintiff claimed that KRW 14.4.8 million in the unpaid balance be paid. Accordingly, according to the evidence No. 2 and No. 3, the Plaintiff’s transfer of the amount equivalent to the Plaintiff’s claim was made before the Defendant even though it is recognized as having been transferred to the Defendant at the time when the Plaintiff’s assertion was made. However, there is no evidence to acknowledge that the remaining transfer amount is a loan to the Defendant except for the loan of KRW 19.5 million on November 10, 201, which is recognized by the evidence No. 1 (Evidence).

Therefore, the defendant is obligated to pay to the plaintiff 19,50,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 24, 2018 to June 26, 2018, which is the date following the delivery date of the complaint of this case sought by the plaintiff, as the payment date for which the plaintiff had been due, until June 26, 2018, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim is justified within the above recognition scope and the remainder

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