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(영문) 서울동부지방법원 2014.12.09 2014가단117428
대여금
Text

1. The defendant shall pay 25 million won to the plaintiff and 20% per annum from July 1, 2014 to the day of complete payment.

Reasons

1. The Plaintiff loaned a total of KRW 43 million to the Defendant during the period from April 2013 to October 2013, 2013. The Defendant has a duty to pay the Plaintiff damages for delay calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 1, 2014 to the date following the delivery date of a copy of the complaint in this case, to the date of complete payment. Since there is no dispute between the parties that the Defendant repaid the Plaintiff a total of KRW 18 million to the Plaintiff, the Defendant has a duty to pay the Plaintiff damages for delay calculated at the rate of KRW 20 million per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2013 to the date of complete payment.

As to this, the Defendant concluded a contract for construction work with the Plaintiff from July 9, 2013 to July 23, 2013, and the Plaintiff did not pay the Defendant the construction cost of KRW 11 million under the said contract for construction work. Therefore, the Plaintiff’s claim cannot be complied with. However, there is no evidence to acknowledge that the Defendant had a claim for construction cost of KRW 11 million against the Plaintiff. Thus, the Defendant’s claim is without merit.

2. If so, the plaintiff's claim of this case is reasonable, and this decision is delivered with the assent of all participating Justices.

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