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(영문) 서울동부지방법원 2015.08.21 2015가단4666
대여금
Text

1. As to the Plaintiff KRW 5,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 55,00,000 from July 1, 2005, and KRW 45,00,000.

Reasons

1. On June 25, 2005, the plaintiff lent KRW 55 million to the defendant on June 25, 2005, the interest shall be separately consulted, and as to the assertion that the plaintiff agreed to pay the remaining KRW 10 million up to June 30, 2005 and the remaining KRW 45 million up to September 30, 2005, it shall be deemed that the defendant led to confession pursuant to Article 257(1) of the Civil Procedure Act.

2. The plaintiff is claiming in the complaint the payment of interest and damages for delay calculated at the rate of 20% per annum from June 25, 2005 to the date of full payment. However, in the absence of specific arguments as to the agreement to pay the interest and damages for delay calculated at the rate of 20% per annum, the above part's claim cannot be accepted.

3. Therefore, the Defendant is obligated to pay to the Plaintiff 5,00,000 won above and 10,000,000 won out of the above borrowed amount from July 1, 2005 on the day following the due date, and with respect to the remainder of 45,000,000 won, the following day following the due date for repayment, and 5% per annum from October 1, 2005 to March 11, 2015, which is the delivery date of a copy of each of the instant complaint, and 20% per annum from the next day to the day of full payment under the Civil Act.

4. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit.

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