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(영문) 서울동부지방법원 2018.09.07 2018가단111114
대여금
Text

1. As to KRW 28,683,100 and KRW 10,400 among them, the Defendant shall pay to the Plaintiff KRW 5,50,00 from March 16, 2017, and KRW 5.5 million.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 10 million to the Defendant on October 19, 2016, and the Defendant repaid KRW 5 million among them on October 21, 2016.

On November 29, 2016, the Plaintiff lent KRW 5.4 million to each Defendant, and KRW 5.5 million on June 30, 2017.

The Defendant agreed to repay the remaining loans of KRW 5 million as of October 19, 2016, and KRW 5.4 million as of November 29, 2016, until March 15, 2017, and KRW 5.5 million as of June 30, 2017, respectively.

B. Upon the Defendant’s request, the Plaintiff supplied the Defendant, who operates C, with the Belgium in an amount equivalent to KRW 5,797,00,00 on December 29, 2016, as the operator of C, and the Plaintiff supplied the Defendant with the Jambane in an amount equivalent to KRW 3,796,100 on April 17, 2017, and KRW 3,190,000 on August 30, 2017.

The Defendant agreed to pay the supply price as of December 29, 2016 until March 15, 2017; the supply price as of April 17, 2017; and August 30, 2017, until October 31, 2017; however, the Defendant did not pay the total amount of KRW 12,783,100.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence Nos. 1 through 5, 8, purport of whole pleadings]

2. The party's assertion and judgment as to it

A. According to the above facts of determination as to the cause of claim, the defendant shall pay to the plaintiff 28,683,100 won with a total of 28,683,100 won with loans and goods and 5,400,000 won with a total of 5,000 won with loans remaining as of October 19, 2016 and 5,40,000 won with a maturity of 1,40,000 won from March 16, 2017 until August 16, 2018, the delivery date of a copy of the application for modification of the purport of the claim and the cause of the claim in this case, 5% per annum from the following day to the date of full payment, 15% per annum from the following day to the date of full payment, 5,500,000 won with a maturity of 5,500,000 won per annum from June 30, 2017 to the date of full payment.

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