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(영문) 서울북부지방법원 2016.08.25 2015가단141509
대여금
Text

1. The Defendant’s KRW 11,400,000 for the Plaintiff and 5% per annum from December 10, 2015 to August 25, 2016.

Reasons

1. The plaintiff's assertion asserts that the plaintiff has a duty to repay to the plaintiff, since the plaintiff lent 21.7 million won to the defendant several times as shown in the attached Form.

2. According to the evidence Nos. 1, 3 through 7, 9, and 10 of the evidence Nos. 1, 3 through 7, 9, and 10, the fact that the plaintiff lent a total of KRW 11,40,000 to the defendant without the due date for repayment and interest, as shown in the separate evidence Nos. 1, 3 through 7, and 9, can be acknowledged. Thus, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 5% per annum under the Civil Act from December 10, 2015 to August 25, 2016, which is the day following the delivery of the complaint of this case, until the day of full payment, and from the next day to the day of full payment, 15% per annum under the special Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(A) Each statement in the evidence Nos. 1 through 10 alone is insufficient to recognize that the Plaintiff lent KRW 10,30,000 to the Defendant or that each loan was due, as shown in the separate sheet Nos. 2 and 8, and there is no other evidence to recognize otherwise, the Plaintiff’s assertion in this part is without merit). 3. In conclusion, the Plaintiff’s claim in this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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