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(영문) 대전지방법원 2020.05.14 2019가단122490
대여금
Text

1. The Defendant against the Plaintiff KRW 35,010,512 and KRW 30,382,842 among them, as to April 21, 2020, KRW 4,627,670.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. Part concerning partial dismissal.

A. The plaintiff asserted that he paid 100,000 won to employees C instead of the defendant, but there is no evidence to acknowledge this, and the claim for this part is not accepted.

B. The Plaintiff sought payment of KRW 30,482,842 at the time of filing the instant lawsuit, and submitted an application for modification of the purport of the instant claim, and extended the claim to KRW 35,110,512. As to KRW 4,627,670 extended the claim (= KRW 35,110,512 – KRW 30,482,842), the Plaintiff recognized damages for delay from April 22, 2020, following the day on which the duplicate of the application for modification of the purport of the instant claim was served.

C. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 35,010,512 (=35,110,512 - KRW 100,00) and KRW 30,382,842, whichever is the day following the day of service of the application for amendment of the purport of the instant claim, to the Plaintiff KRW 30,382,842, which is the day of service of the application for amendment of the instant claim, the amount of KRW 4,627,670, which is the day following the day of service of the application for amendment of the instant claim, to the Plaintiff, for damages calculated at the rate of 5% per annum as stipulated in the Civil Act from April 22, 2020 until May 14, 2020, which is the day of delivery of the application for amendment of each of the instant claim.

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