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(영문) 대전지방법원 서산지원 2018.09.04 2018가단2686
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 per annum and 15% per annum from June 13, 2018 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the entire pleadings, evidence Nos. 1 and 2, it is recognized that the Plaintiff lent to the Defendant on July 8, 2015, KRW 15 million as of December 30, 2015, and KRW 17 million as of January 3, 2016 as of October 20, 2016.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 13, 2018 to the day after the delivery of the instant payment order, as sought by the Plaintiff, following the due date for each of the above loans with the total amount of KRW 32 million and the due date for each of the above loans.

① As to the borrowed money as of July 8, 2015, the Defendant asserted that: (a) paid in cash KRW 14.4 million and paid in KRW 600,000; and (b) as to the borrowed money as of January 3, 2016, the Defendant again prepared the certificate of borrowing in the name C and decided to invalidate the certificate of borrowing in the name of the Plaintiff; (b) however, there is no evidence to prove the fact.

The defendant's above assertion is not accepted.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition to accept it.

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