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(영문) 전주지방법원 2020.10.29 2020가합4507
대여금
Text

1. The defendant shall pay 291,70,000 won to the plaintiff and 12% per annum from August 6, 2020 to the day of complete payment.

Reasons

1. According to the reasoning of Gap evidence Nos. 1 through 3 of the judgment on the cause of the claim and the purport of the whole pleadings, the plaintiff lent a total of KRW 350 million to the defendant 13 times from December 28, 2018 to April 17, 2019. After the defendant settled the loan principal and interest or damages for delay, the defendant issued and delivered the loan amounting to KRW 40 million to the plaintiff as of June 30, 2019, and on the other hand, the plaintiff received KRW 183 million from the defendant to pay the principal of the loan obligation.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining loans of 290 million won (=40 million won - 18.3 million won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 6, 2020 to the date of full payment after the service of the original copy of the payment order of this case.

2. Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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