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(영문) 창원지방법원진주지원 2019.09.19 2019가단186
대여금
Text

1. The Selection C shall pay 4,200,000 won to the Plaintiff and 5% per annum from January 19, 2019 to September 19, 2019.

Reasons

1. Basic facts

A. The Plaintiff lent KRW 61,00,000 in total to the Appointor C (hereinafter “Defendant C”) as indicated in the following table, and Defendant C repaid the total amount of KRW 29,80,000 as indicated in the following table:

The amount of loan extended on July 25, 201 as of the date of loan repayment (won) shall be the sum of loans extended on April 18, 2012, 200, 800,000 on April 18, 2011; 10,000,000 on July 10, 200 on July 31, 2012; 20,000,000 on February 24, 2012; 6,000,000,000 on August 24, 2012; 1,000,000,000 on March 27, 2012; 1,00,000,000; 1,000,000,000, 610,000, 10,000,000, 30,008;

B. Defendant C did not repay the remainder of KRW 31,200,000,000, but Nonparty D subrogated the remainder of KRW 27,000 on December 7, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the above facts finding as to the cause of the claim, Defendant C is obligated to pay the Plaintiff the amount of KRW 4,200,000 (=31,200,000 - 27,000,000) and the damages for delay calculated at the rate of 12% per annum under the Civil Act from January 19, 2019, which is the date following the delivery of a copy of the complaint, to September 19, 2019, where it is deemed reasonable for Defendant C to dispute as to the existence or scope of the obligation in this case.

(The Plaintiff claimed interest or delay damages at the rate of 15% per annum after August 28, 2013, but there is no evidence to prove that the agreement on interest or delay damages was concluded between the Plaintiff and the Defendant C, and only the above statutory delay damages are recognized).

1) The Plaintiff and the Defendants agreed to KRW 27,00,000 in the case where the Plaintiff renounced KRW 4,200,000.

Therefore, 4.

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