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(영문) 청주지방법원제천지원 2016.06.08 2015가단3996
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,091,460 and the interest rate of KRW 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. The Plaintiff asserts that, from February 13, 2014 to October 28, 2014, the Defendant lent KRW 38,092,960 in total on 23 occasions as stated in the “explosion” column of the attached specification of transactions [Provided, That the Defendant shall be deemed to have led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

The Plaintiff is a person who received a total of KRW 13,001,50 on three occasions, such as the statement, from the Defendant for the same period.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the borrowed amount of KRW 25,091,460 (=total of KRW 38,092,960 - total of KRW 13,001,50) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 21, 2015 to the date of full payment following the delivery of the instant payment order.

As above, the Plaintiff asserts that 38,092,960 won was loaned and received a total of 13,001,50 won, and sought the payment of the remainder loans of 25,092,460 won and damages for delay. The Plaintiff’s payment of the remainder loans of 25,092,460 won was deducted from the loans claimed by the Plaintiff. As seen earlier, the amount of repayment received by the Plaintiff as the Plaintiff is KRW 25,091,

Therefore, there is no reason to claim payment in excess of 25,091,460 won and damages for delay recognized as above among the plaintiff's claims.

2. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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