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(영문) 대전지방법원 홍성지원 2021.01.20 2020가단1257
대여금
Text

The defendant shall pay to the plaintiff 174 million won with 12% per annum from April 11, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent a total of KRW 174 million to the Defendant four times.

B. In lending the above money, the Plaintiff received respectively a loan certificate of KRW 14 million from the Defendant on February 6, 2018, the loan certificate of KRW 15,00,000 on December 15, 2019, the loan certificate of KRW 50,000 on January 25, 2019, the loan certificate of KRW 20 on February 27, 2019, the loan certificate of KRW 60,000 on March 27, 2019, the loan certificate of KRW 50,000 on May 12, 2019, the loan certificate of KRW 50,000 on March 30, 2020, respectively.

[Grounds for recognition] Gap evidence No. 1 and the purport of the whole pleading

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum from April 11, 2020 to the day of full payment after serving the complaint, as requested by the plaintiff, as a loan of KRW 174 million, and as a result, after the above repayment period, to the plaintiff.

3. As to the defendant's defense, etc., the defendant asserts to the effect that he cannot accept the money from the above loan certificate, and he is only obligated to pay the plaintiff's debt to the defendant and the amount settled.

However, the defendant did not submit corresponding documents, and the defendant's argument cannot be accepted.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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