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(영문) 수원지방법원성남지원 2019.11.29 2019가단217192
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 55,00,000 and the interest rate of KRW 12% per annum from August 1, 2019 to the date of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 6, the Plaintiff was aware that each of the Defendant lent KRW 10 million to the Defendant around July 31, 2012, and KRW 50 million around February 12, 2015 (i.e., the Defendant’s assertion that the Plaintiff was an investment, not a loan, is not accepted), and the Plaintiff was paid KRW 5 million from the Defendant around May 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from August 1, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

Although the Defendant asserts that the loan amounting to KRW 10 million was extinguished by repayment on July 31, 2012, the Defendant did not accept the Defendant’s assertion on the grounds that there is no evidence to support the Defendant’s additional payment of the loan amounting to KRW 5 million, in addition to the person who was paid by the Plaintiff.

If so, the plaintiff's claim is accepted.

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