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(영문) 전주지방법원 2021.03.31 2020가합2754
대여금
Text

The defendant's 229,00,000 won to the plaintiff and 6% per annum from June 6, 2020 to March 31, 2021, and the following.

Reasons

The Plaintiff, as a credit service provider, has no dispute over KRW 7,00,000 on March 14, 2019, KRW 70,000 on June 26, 2019, KRW 15,000,000 on August 31, 2019, KRW 20,000 on October 30, 2019, KRW 53,000,000 on December 16, 2019, and KRW 5,000 on January 6, 200, KRW 12,00,000 on March 5, 200, KRW 18,00 on March 18, 200, KRW 7,000 on May 20, 200 on each of the parties concerned.

In addition to each of the above loans, the Plaintiff paid to the Defendant KRW 50,000,000 on June 28, 2019, and KRW 120,000 on May 15, 2020, respectively.

One of the arguments, Gap evidence No. 1-3 and 11 are not sufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, it is reasonable for the Defendant to dispute the existence or scope of the obligation of the Defendant from June 6, 2020 on the following day after the delivery date of a copy of the complaint of this case as to the Plaintiff’s total amount of KRW 229,00,000,00 and its scope.

Inasmuch as the Plaintiff is obligated to pay late payment damages calculated at the rate of 6% per annum under the Commercial Act until March 31, 2021 and 12% 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, which is the day of this decision, the Plaintiff’s claim of this case is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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