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(영문) 의정부지방법원고양지원 2015.04.15 2014가합55932
대여금
Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from November 8, 2014 to April 15, 2015 to the Plaintiff.

Reasons

1. The fact that the plaintiff, on October 15, 2009, decided on the plaintiff's assertion of the cause of claim, set and lent 300 million won to the defendant one year after the due date for payment, is not disputed between the parties or can be acknowledged by comprehensively considering the whole purport of the pleadings in the evidence Nos. 1 and 2. Thus, the defendant is obliged to pay the plaintiff KRW 300,000,000, barring any special circumstances.

2. As to the defendant's assertion of deferment of repayment, the defendant lent the above money to the defendant's new construction cost, and the dispute between the defendant and the construction business operator related to the new construction of a building occurred, and the period of repayment for the above loan has been postponed until the dispute is terminated. Since the dispute is not settled, it is argued that the period of repayment for the above loan has not yet arrived, the fact that the plaintiff lent the above money to the defendant's new construction cost does not dispute between the parties, but there is no evidence to prove that the plaintiff extended the period of payment for the above loan to the defendant's new construction cost until the dispute between the defendant and the construction business operator with respect to the new construction of a building does not exist, the above argument by the defendant

3. Thus, the defendant is obligated to pay to the plaintiff the above KRW 300,00,00 and the damages for delay calculated at the rate of 5% per annum under the Civil Act and 20% 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 following the day when the delivery of a copy of the complaint of this case filed by the plaintiff as the day when the plaintiff was due, until November 8, 2014, which is the day following the day when the defendant served the delivery of a copy of the complaint of this case filed by the plaintiff, until April 15, 2015, which is the day when the decision of this case is rendered. Thus, the plaintiff's claim is accepted within the above recognized limit, and the remainder is dismissed as without merit

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