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(영문) 광주지방법원장흥지원 2017.08.09 2017가단3186
대여금
Text

1. The Defendant’s KRW 30,000,100 as well as the Plaintiff’s annual rate of 5% from September 10, 2015 to February 23, 2017.

Reasons

1. Facts of recognition;

A. From May 19, 2015 to August 4, 2015, the Plaintiff lent KRW 2,277,711,730 to the Defendant by means of remitting money from the Plaintiff’s agricultural bank account to the credit union account designated by the Defendant.

B. The Plaintiff received reimbursement of KRW 2,139,200,104 in total from the Defendant by August 6, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 138,511,626 won (=2,277,711,730 won - 2,139,200,104 won) of the unpaid principal of the loan, as claimed by the plaintiff, 30,000,100 won, and damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act, from September 10, 2015 to February 23, 2017, when the duplicate of the complaint of this case is served on the defendant, and from the next day to the day of full payment, to the day of full payment, 5% per annum as claimed by the plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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