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(영문) 창원지방법원 2015.09.17 2014가단23235
대여금
Text

1. The defendant shall pay 24,00,000 won to the plaintiff and 20% per annum from September 18, 2014 to the day of complete payment.

Reasons

1) According to the statement in Gap evidence No. 1, the defendant, on April 8, 2014, prepared a loan certificate for KRW 27 million to the plaintiff on the ground that according to the above facts acknowledged, the plaintiff is judged to have lent KRW 27 million to the defendant, and since the plaintiff was paid KRW 3 million from the defendant after the date on which the above loan certificate was prepared, the defendant is obligated to pay the plaintiff the balance of the loan amount of KRW 24 million to the plaintiff. 2) The plaintiff is claiming interest or delay damages from the date on which the loan certificate was prepared to the defendant.

According to the statement in Gap evidence No. 1, the above loan certificate prepared by the defendant is the blank of both the date of repayment, interest, and the market price for interest payment, and the above loan certificate can be acknowledged as the fact that "if the repayment date is made, the conditions to add the interest to the principal retroactively." However, as long as the repayment date is the blank of the payment date, the above conditions concerning interest are not applicable. Thus, this part of the above claim is rejected.

3. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24 million with interest calculated at the rate of 20% per annum from September 18, 2014 to the day of full payment, which is the day following the delivery of the complaint.

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