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(영문) 서울동부지방법원 2016.08.17 2015가합3493
대여금
Text

1. The Defendant is at the rate of 15% per annum with respect to KRW 345 million to the Plaintiff from January 12, 2016 to the date of complete payment.

Reasons

Facts of recognition

The plaintiff shall not set the due date for payment to the defendant, and shall be KRW 50 million on May 27, 2014, and the same year.

8.1. 30 million won, per year;

9. Nov. 20 million won, Nov. 19, 19.20 million won for the same year, and Dec. 23, 2000 won for the same year, and KRW 50 million for the same year, and KRW 20 million for the same year;

1. 14.10 million won, and the same year;

2.2.45 million won, and the same year.

2.24.10 million won, and the same year.

5. 12.50 million won was loaned to KRW 395 million in total.

On May 19, 2015, the Plaintiff urged the Defendant to return the amount, and received the amount of KRW 50 million as principal and interest, respectively, from the Defendant.

In this case, the Plaintiff filed an application for compensation order with the Defendant under this Court No. 2015Hun-Ma565, supra. On November 26, 2015, the Plaintiff issued an order for compensation with the content that “the Defendant would pay the Plaintiff KRW 345 million by fraud,” while recognizing the Defendant guilty on November 26, 2015, the Plaintiff issued an order for compensation with the content that “the Defendant would pay the Plaintiff KRW 35 million by fraud.”

Therefore, the defendant appealed, but on June 3, 2016, the appellate court (Seoul High Court 2015No3432) rendered a judgment dismissing the appeal.

[Ground of recognition] The evidence Nos. 1 and 2 evidence (including the paper number) and the facts of recognition as to the purport of the entire pleadings as seen above, although the plaintiff urged the defendant to return the principal amount of KRW 395 million around May 19, 2015, the defendant did not return the remainder of the principal amount of KRW 345 million excluding the principal amount of KRW 50 million and interest KRW 30 million. Accordingly, the plaintiff applied for a compensation order for KRW 345 million in a criminal case against the defendant, and a considerable period of time has elapsed since the plaintiff applied for a compensation order for KRW 345 million in a criminal case against the defendant, the obligation of the defendant to return the loan to the plaintiff was due.

I would like to say.

Therefore, the Defendant’s principal amounting to KRW 345 million to the Plaintiff at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 12, 2016 to the date of full payment, following the delivery of a copy of the instant claim and the application form for modification of the cause of the claim, as sought by the Plaintiff after the due date.

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