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(영문) 부산지방법원 2018.06.08 2017나63191
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. On April 17, 2012, the Plaintiff loaned interest of KRW 10 million to the Defendant on April 17, 2012, with the maturity of KRW 70,000 per month, and November 30, 2012; and the Defendant paid interest by August 2015, the fact that the Plaintiff paid the interest by August 2015 does not conflict between the parties, or was recognized by comprehensively taking account of the respective descriptions in subparagraphs A and 2 and the purport of the entire pleadings.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 1,470,00 (=loan 10,000,000 won from September 2015 to May 2017) of KRW 1,477,00,000 (i.e., KRW 70,000 per month x 21 months) and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 24, 2017 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff.

2. As to the Defendant’s assertion, the Defendant: (a) during the period from May 10, 2012 to January 17, 2015, repaid KRW 8.64 million out of the principal of the loan to the Plaintiff; and (b) paid interest on the loan to August 28, 2015, and the Plaintiff suspended payment because no longer interest is required; (c) however, the Defendant’s assertion is insufficient to acknowledge the Defendant’s assertion on the evidence Nos. 2, 3, and 4 alone; and (d) there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is rejected.

3. The plaintiff's claim of this case should be accepted on the ground of the reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.

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