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(영문) 대전지방법원 2016.10.13 2016가단23479
대여금
Text

1. The Defendant’s KRW 9,00,000 and the Plaintiff’s annual rate of KRW 5% from December 31, 2007 to July 1, 2016.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the plaintiff may recognize the fact that around June 2, 2006, the plaintiff lent KRW 9 million to the defendant as of December 30, 2007, and no other counter-proof evidence exists.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 9 million won as the loan obligation and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from December 31, 2007 to July 1, 2016, which is the delivery date of the original copy of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

In regard to this, the defendant alleged to the effect that he repaid part of the above borrowed money to the plaintiff, but there is no evidence to acknowledge this, so the defendant's above assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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