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(영문) 부산지방법원 2015.01.13 2014가단77778
대여금
Text

1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s annual rate from July 30, 2010 to October 27, 2014, and the following.

Reasons

1. Facts of recognition;

A. On July 30, 2009, Jinse Shipbuilding Co., Ltd. (hereinafter “Jinse Shipbuilding”) leased KRW 70 million to the Defendant on July 29, 2010 as due date for repayment.

B. On January 25, 2011, the Jindo Shipbuilding was declared bankrupt by Busan District Court 201Hamhap1, and the Plaintiff was appointed as the trustee in bankruptcy of Jindo on the same day.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 70 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 30, 2010 to October 27, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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