(영문) 수원지방법원평택지원 2015.04.17 2014가단11814

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(영문) 수원지방법원평택지원 2015.04.17 2014가단11814

양수금

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1. The Defendant’s KRW 17,00,000 as well as 5% per annum from August 13, 2014 to April 17, 2015 to the Plaintiff.

Reasons

1. According to the purport of Gap's evidence No. 3 as to the cause of the claim and the whole pleadings, the plaintiff may be found to have agreed between the defendant and the plaintiff on October 27, 2008 to pay the plaintiff 21,000,000 won borrowed by Eul from the plaintiff by December 31, 2008 (hereinafter "the agreement of this case"). Thus, the defendant is obligated to pay the plaintiff 21,00,000 won of the agreement of this case and delay damages, barring special circumstances.

2. Judgment on the defendant's defense

A. First of all, the defendant's defense that C paid to the plaintiff the amount of KRW 21,00,000 as agreed amount of the contract in this case. Thus, it is not sufficient to recognize the above only with the descriptions of the evidence Nos. 1-2 and 1-2, and there is no other evidence to acknowledge it. Thus, the defendant's defense is without merit.

B. Next, the defendant defense that he paid KRW 4,00,000 out of the agreed amount of this case. Thus, according to the whole purport of the statement and pleading No. 5, the defendant can be acknowledged that he paid KRW 4,000,000 out of the agreed amount of this case to the plaintiff on March 17, 2009. Thus, the defendant's defense is justified.

3. Accordingly, the defendant is obligated to pay the plaintiff damages for delay at the rate of 17,00,000 won out of the contract amount of this case (=21,00,000 won - 4,000,000 won) and 20% per annum under the Civil Act from August 13, 2014 to April 17, 2015, which is the day following the delivery date of the copy of the complaint of this case, where it is deemed reasonable for the defendant to resist the existence or scope of the obligation of this case as requested by the plaintiff. Thus, the defendant is obligated to pay damages for delay at the rate of 17,00,000 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim of this case of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is

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