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(영문) 의정부지방법원고양지원 2016.09.08 2016가단14433
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 24% per annum from December 27, 2002 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of the argument in Gap evidence No. 1, the plaintiff was obligated to pay 50,000,000 won to the defendant around March 20, 2001 and 20% interest per annum from March 31, 2002. The defendant, on November 12, 2002, borrowed 50,000,000 won to the defendant around March 20, 2001, with the ground of claim that "the defendant paid 40,000,000 won to the plaintiff and 24% interest per annum from October 27, 2002 to the day of full payment," and that "the defendant did not repay the remaining amount to the plaintiff," with the purport of the argument that "the plaintiff was ordered to pay 40,000,000 won to the plaintiff and 200,000 won per annum from March 27, 200 to the day of full payment." The judgment of the court below is affirmed.

As to this, the defendant asserts that the bankruptcy and exemption procedure against the defendant is in progress, but such circumstance alone cannot oppose the plaintiff's claim.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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