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(영문) 창원지방법원마산지원 2015.05.28 2014가단11010
대여금
Text

1. As to KRW 55,00,000 and KRW 50,000 among them, the Defendant shall start from May 16, 2014 to September 23, 2014.

Reasons

According to the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the plaintiff lent 50,000,000 won to the defendant on April 21, 2014 by fixing the due date for payment as of April 21, 2014, and prepared and delivered a loan certificate (Evidence No. 1) stating the same details from the defendant, and the plaintiff lent 5,00,000 won to the defendant on May 29, 2014 as business expenses.

According to the above facts, the Defendant shall, except in extenuating circumstances, pay to the Plaintiff the amount of KRW 50,00,000 as loans on April 21, 2014 and the amount of KRW 50,000,00 from May 16, 2014 to September 23, 2014, the delivery date of a copy of the complaint in this case, which is the day after the due date, to the day of repayment, 20% per annum as stipulated by the Civil Act, and the damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the damages for delay calculated at the rate of KRW 5,000 per annum as stated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 29, 2014 to the day of full payment.

Although the Defendant did not borrow KRW 50,000,000 from the Plaintiff, the Defendant prepared a loan certificate (Evidence 1) due to assault and confinement, and the Defendant’s assertion that there was no obligation to repay since 5,00,000,000, which was received on May 29, 2014 from the Plaintiff’s wife C and the Plaintiff’s wife were received as public funds necessary for performing the Plaintiff’s business, but the Defendant’s assertion is not accepted.

The plaintiff's claim shall be accepted with due reason.

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