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(영문) 수원지방법원 2016.07.14 2015가단135749
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,80,000 and the interest rate of KRW 15% per annum from November 5, 2015 to the date of complete payment.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 5 (including each number), the plaintiff extended a lease deposit amount of KRW 15 million to the defendant around November 30, 2010 and KRW 55 million in total with respect to the store in Suwon-si, Suwon-si, which was refunded as the lease deposit, and KRW 40 million with respect to the building in Suwon-si, Suwon-si, which was refunded as the lease deposit. In addition, the plaintiff extended a lease amount of KRW 5 million to the defendant on December 20, 2010, and KRW 38 million on December 24, 2010, and KRW 13.8 million on August 8, 201, which was paid by the plaintiff to the defendant on December 1, 2010.

In regard to this, the Defendant asserted that the Defendant would have received the payment for witness in the Plaintiff’s litigation case, but there is no evidence to acknowledge this, the Defendant’s assertion is not accepted (the Defendant submitted “documents to adjust the issues in summary,” as stated above, and did not appear on the date of pleading in the instant case two times). Accordingly, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 15% per annum from November 4, 2015 to the date of full payment, as sought by the Plaintiff, the total amount of loans 53.8 million won (5 million won - 15 million won - 13.8 million won) remaining after the delivery of the copy of the instant complaint, as sought by the Plaintiff, to pay damages for delay calculated at the rate of 15% per annum from November 4, 2015 to the date of full payment. Accordingly, the Plaintiff’s claim is justified.

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