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(영문) 인천지방법원 2017.05.23 2016나13130
대여금
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay 4,000,000 won to the plaintiff and this.

Reasons

1. According to the parties' arguments and the purport of Gap evidence Nos. 1 through 5 (including additional numbers), the plaintiff's assertion that ① on December 7, 2007, ② KRW 500,000 on January 12, 2008, ③ KRW 100,000 on February 208, ④ KRW 300,00 on May 28, 2008, ⑤ KRW 100,000 on June 8, 2008, ② KRW 200,000 on October 24, 2008, KRW 208,000 on May 27, 2010, the plaintiff's assertion that the defendant's loan of KRW 20,000 on May 27, 201 was made on several occasions, and that it is difficult to view that the plaintiff's loan of KRW 20,000 on May 27, 201 was made on several occasions with the payment deadline of this case.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 4 million won (i.e., KRW 9.5 million - KRW 5 million) with the remainder of the instant payment and damages for delay calculated at the rate of 15% per annum from April 25, 2017 to the date of full payment, which is the day following the day when the claim for performance is demanded by serving the Defendant with the application for modification of the claim and the cause of the claim.

In this regard, even if the payment of this case is recognized as a loan to the plaintiff against the defendant, it is lent by the plaintiff who operates a secondhand shop for his own business interest or convenience.

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