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(영문) 서울북부지방법원 2015.07.16 2014가단34406
대여금
Text

1. The Defendant’s KRW 79,778,00 for the Plaintiff and KRW 5% per annum from October 7, 2014 to July 16, 2015.

Reasons

1. The gist of the claim is that the Defendant borrowed a total of KRW 107,00,000 from the Plaintiff and remitted a total of KRW 26,52,00 to the Plaintiff as principal repayment, and thus, the Plaintiff seeks payment of KRW 80,478,00 and delay damages.

2. In full view of the overall entries and arguments in Gap evidence 2, Gap evidence 2, Eul evidence 3-1, Eul evidence 4, Gap evidence 5-1, 6-1, and Gap evidence 6-1, the defendant borrowed a total of KRW 107,00,000 for eight times from November 3, 201 to July 15, 2014 as shown in attached Table 1, and the defendant knew that the plaintiff prepared the above money through an insurance contract loan, etc., and, upon the plaintiff's request on December 5, 201, he was liable to pay interest to the plaintiff on a given date. The defendant recognized that, other than the above interest, the defendant did not transfer the principal amount to the plaintiff during the period from July 20, 201 to July 15, 2014, as stated in attached Table 206, the principal amount was not transferred to the plaintiff as the principal.

Therefore, the Defendant is obligated to claim as to the existence and scope of the obligation of repayment from October 7, 2014, which is the day following the delivery date of the complaint of this case, to the day of the imposition of a total of KRW 79,778,00 (i.e., KRW 107,00,000 - KRW 27,222,00) remaining after the repayment to the Plaintiff and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act until July 16, 2015, and 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of the full payment.

3. According to the conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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