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(영문) 서울중앙지방법원 2016.04.20 2015가단29594
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and interest rate of KRW 15% per annum from September 4, 2015 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 5 (including each number) as to the cause of the claim, the plaintiff is deemed to have lent to the defendant the total amount of KRW 3 million on October 30, 1997, KRW 10 million on January 7, 1997, KRW 23 million on April 6, 1998, KRW 23 million on interest rate of KRW 3% (hereinafter the above loans are referred to as "each of the above loans of this case", and the "loan" of this case is each of the above loans of this case. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 23 million, and damages for delay calculated on September 14, 2015, calculated on September 14, 2015, which is the day after the copy of the complaint of this case was served to the defendant at the rate of 15% interest rate.

2. Judgment on the defendant's assertion

A. 1) The defendant did not have received a demand for repayment from the plaintiff after each of the loans of this case. If the loan of 23 million won remains as it is, it should have been paid 690,000 won per month, but only 690,000 won from May 3, 1999 to October 198, and only 100,000 won per month from February 27, 2004 to July 28, 2005, the defendant's assertion that the loan still remains as the loan of 170,000 won has not been paid. The defendant's assertion that there is no reason to acknowledge that the loan of this case has been repaid. The defendant's assertion that there is no reason to acknowledge that the loan of this case has been repaid.

B. As to the assertion on the completion of extinctive prescription, the Defendant shall have prescription for each of the loans of this case after the lapse of 10 years from the respective loans of this case.

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