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(영문) 수원지방법원안양지원 2016.04.27 2015가단113604
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 12,00,000 and the interest rate of KRW 15% per annum from December 11, 2015 to the date of full payment.

Reasons

On December 30, 2011 and January 4, 2012, the fact that the Plaintiff lent a total of KRW 32 million to the Defendant does not conflict between the parties, and that the Defendant repaid the Plaintiff a total of KRW 20 million on July 23, 2013 to the Plaintiff is the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from December 11, 2015, which is the day following the delivery date of a copy of the instant complaint, to the day of full payment, as the Plaintiff seeks.

The defendant asserts that while paying KRW 20 million, the remaining KRW 12 million was exempted.

At the time of borrowing, the Defendant set up a right to collateral on the Defendant’s land owned by the Defendant as collateral for the borrowed loan obligation. On July 25, 2013, the Plaintiff is recognized as having cancelled the said right to collateral, but it is insufficient to recognize that the Plaintiff exempted the remainder of the loan obligation on the sole basis of such circumstance, and there is no evidence to acknowledge this.

The defendant's assertion of exemption is without merit.

The plaintiff's claim is accepted.

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