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(영문) 서울남부지방법원 2016.01.14 2015가단28771
대여금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 50,000,000 and 30% per annum from October 16, 2007 to the date of full payment.

Reasons

According to the overall purport of the statements and arguments, Gap evidence Nos. 1 and 2, the plaintiff lent 50 million won to the defendant Eul on Oct. 16, 2007 to the defendant on Jan. 16, 2008 with a maturity of 6% (three million won) per month; the plaintiff on Jun. 28, 2010 with a maturity of 22 million won as of Sep. 28, 2010 without a interest agreement; and on the other hand, the plaintiff was the plaintiff as the plaintiff.

Therefore, Defendant B is obligated to pay interest and delay damages calculated at the rate of 30% per annum as requested by the Plaintiff within the scope of the interest limit under the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) from October 16, 2007 with respect to the loan 50 million won and the agreed rate from October 16, 2007. Defendant C is obligated to pay interest and delay damages calculated at the rate of 30% per annum as requested by the Plaintiff. Defendant C is obligated to pay the remainder of the loan 17 million won and delay damages at the rate of 15% per annum from September 29, 2010 to June 29, 2015 with the date on which the complaint of this case was served, from September 29, 2015, to September 30, 2015; and 20% per annum as stipulated under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date.

Defendant C has asserted that the sum of KRW 1.5 million on March 15, 2010, KRW 3 million on March 30, 2010, and KRW 6.5 million on November 28, 2010 was repaid. However, it is difficult to recognize the remittance details prior to June 28, 2010 as repayment of the instant loan, and there is no evidence to acknowledge it.

(2) The plaintiff's claim is justified. (3) The plaintiff's claim is justified.

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