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(영문) 의정부지방법원 고양지원 2017.03.22 2015가단30322
대여금반환청구채권
Text

1. The Defendant’s KRW 177,00,000 for the Plaintiff and 5% per annum from December 31, 2009 to October 30, 2015.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence No. 1 (Unwritten rejection) to which the authenticity is established based on the result of the written appraisal by an appraiser C of the facts of recognition, the defendant shall pay 200,000,000 won borrowed on July 13, 2005 to the plaintiff on December 30, 2009.

“The fact that ” written statement of payment was prepared and accepted by the Defendant, however, can be recognized that the Defendant paid 23,000,000 won out of the above borrowed money to the Plaintiff and did not pay the remainder of the borrowed money.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 177,00,000 (=200,000,000 - 23,000,000) and damages for delay at each rate of 15% per annum under the Civil Act from December 31, 2009 to October 30, 2015, the delivery date of the original copy of the instant payment order, from October 30, 2015, and from the next day to the day of full payment.

2. Conclusion, the plaintiff's claim of this case is justified and acceptable.

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