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(영문) 인천지방법원 2018.02.21 2017가합51760
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 15% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Indication of claim;

A. On April 2, 2013, the Plaintiff agreed to grant a loan of KRW 80,000,000 to the Defendant on July 1, 2013, and on the same day, KRW 30,000,000 to the account under the name designated by the Defendant, and paid KRW 50,00,000 directly to the Defendant.

B. The Defendant borrowed through the Plaintiff KRW 130,00,000,000 from D on August 6, 2012, and KRW 130,000,000 on November 30, 2012, but failed to repay it.

On December 20, 2013, the Defendant: (a) paid the Plaintiff the said KRW 130,000,000 on behalf of the Defendant, and (b) paid the Plaintiff the said KRW 130,000 on behalf of the Defendant within three months on December 28, 2013; (c) on behalf of the Defendant, the Plaintiff repaid the Plaintiff KRW 100,000 on December 28, 2013, and (d) paid the Plaintiff KRW 30,000,000 on behalf of the Plaintiff, respectively; and (e) the Defendant drafted a loan certificate to the Plaintiff to repay the said KRW 130,00,000 on behalf of the Plaintiff.

C. The Defendant did not pay to the Plaintiff the amount of KRW 80,000,000 for the above loan and the amount of KRW 130,000 for reimbursement by subrogation.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 210,000,000 and damages for delay calculated by the rate of 15% per annum from the day following the delivery of the complaint ( September 8, 2017) to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the relevant provisions of Acts are private);

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