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(영문) 청주지방법원 2018.04.25 2017가단10527
대여금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 12% per annum from November 28, 2016 to August 28, 2017; and (b).

Reasons

1. Judgment on the Plaintiff’s assertion of the cause of claim

A. The Defendant borrowed KRW 50,00,000 from the Plaintiff on November 27, 2009, the due date for payment on November 26, 2010, and the damages for delay on November 26, 2010 (hereinafter “the instant loan”). There is no dispute between the parties, or in full view of the purport of the entire pleadings in the evidence A Nos. 1 and 8.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff KRW 50,000,000, barring special circumstances.

The plaintiff's assertion is justified.

2. Judgment on the defendant's defense

A. The defendant asserts that all of the above borrowed money was repaid.

B. The fact that the Defendant paid KRW 30,000,000 to the Plaintiff on October 24, 2013 and KRW 20,000,00 on October 15, 2015 does not conflict between the parties.

However, comprehensively taking account of the overall purport of the arguments in the statement No. 6-1 and No. 6-2, the defendant borrowed respectively from the plaintiff on January 23, 2009 in addition to the loan of this case, and the amount of each of the above amounts is accurately consistent, and the defendant remitted interest of KRW 500,000 per month to the plaintiff's wife C's account even after the payment of each of the above amounts, in light of the fact that the defendant remitted interest of KRW 500,000 per month to the plaintiff's wife's account (per 1%), each of the above amounts is not the repayment of the loan of this case, but the repayment of the above amounts on January 23, 2009.

The defendant's defense cannot be accepted.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,00,000 and damages for delay calculated by the rate of KRW 12% per annum agreed from November 28, 2016, to August 28, 2017, on which the payment order of the instant case was served on the Defendant, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

The plaintiff's claim is based on the grounds within the scope of the above recognition, and the remainder of the claim (one-day delayed damages) is without merit.

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