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(영문) 인천지방법원 2017.06.09 2016가단48883
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from September 23, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1-1, 2, 2, 2, 3, and 4, the Plaintiff borrowed KRW 100 million from the Plaintiff as of February 6, 2016 without the due date for repayment (hereinafter “the instant loan”), and the Defendant agreed to repay the instant loan obligations of KRW 100 million against the Plaintiff of Nonparty Company by June 30, 2016.

According to the statements in Eul evidence Nos. 1 and 2, the plaintiff was awarded a subcontract from the defendant on April 30, 2013 for the work of producing and installing contents in the Yeonsu-gu Incheon Metropolitan City Model Escopport, the plaintiff, the non-party company and the non-party company are entering into a contract for the development project of the non-party company and the Songdo Mcopport on December 23, 2015, and the contract was entered into on December 23, 2015, to acquire the defendant's status and the obligation to pay the construction cost under the above contract for the construction project of the content production, but it is difficult to view that the above recognition alone concluded the above contract as a conclusion of the above contract that the plaintiff, the non-party company and the defendant completed the settlement of all obligations and obligations up to the time, including the loan of this case, and there is no other evidence to prove otherwise.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 23, 2016 to the day of full payment, which is obvious from September 23, 2016, which is the day following the delivery date of the original copy of the instant payment order.

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