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(영문) 대전지방법원 2016.04.26 2015가단35086
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from September 10, 2015 to the date of complete payment.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the defendant is deemed to have agreed to pay KRW 30,000,000 to the plaintiff on July 4, 2015, and barring any special circumstance, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2015 to the date of complete payment.

As to this, the defendant did not receive KRW 30,000,000 from the plaintiff, so his claim is unjustifiable. However, as long as the defendant agreed to pay KRW 30,000,000 through the loan certificate (Evidence A (Evidence A) which is a disposal document, the circumstance that he did not receive KRW 30,000 from the plaintiff does not constitute a ground for refusing the plaintiff's claim. Thus, the defendant's above assertion is without merit.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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