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(영문) 서울중앙지방법원 2021.02.05 2020가단5191481
대여금
Text

The defendant paid KRW 146,00,000 to the plaintiff and 5% per annum from September 1, 2018 to September 17, 2020.

Reasons

1. Basic facts

A. On March 13, 2017, the Plaintiff paid KRW 100 million to the Defendant, and KRW 50 million on April 2, 2018, respectively. On April 2, 2018, the Defendant sent the Plaintiff a Kaka Stockholm message with the following content.

B(Defendant B) borrowed 100 million won from A (Plaintiff) on March 13, 2017, and confirmed on April 2, 2018, additional borrowing of 0 million won.

From May 1, 2018 to April 1, 2021, 1.5 million won shall be reduced every month, and from April 1, 2019 to April 1, 2021, 32 million won shall be additionally repaid on April 1, 2019 to April 1, 2020, and April 1, 2021.

At any time, this commitment confirms that any measure shall be taken at any time.

April 2, 2018 (Defendant)

B. The Defendant paid KRW 4 million to the Plaintiff, KRW 1.5 million on April 30, 2018, KRW 1.5 million on June 4, 2018, KRW 1.5 million (cash KRW 3 million and KRW 1.2 million) and KRW 4 million on July 2, 2018.

【Ground of recognition】 The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 3 (including each number in the case of a number) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendant may recognize the fact that the Defendant borrowed KRW 150 million from the Plaintiff and repaid KRW 4 million to the Plaintiff, and the Defendant is obliged to pay interest or delayed damages calculated at each rate of KRW 146 million per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from September 1, 2018 to September 17, 2020, when two months have elapsed since the date of the Defendant’s last repayment, which was after the Defendant’s loss of the benefit of time, to the date of delivery of the copy of the complaint of this case, clearly from September 1, 2018 to September 17, 2020, and from the next day to the date of full payment to the date of full payment.

B. The Defendant’s assertion and judgment 1) and the Defendant became aware of around April 2016, and the Defendant was paid KRW 100 million from the Plaintiff around March 2017, since the economic situation became difficult due to the husband’s obligations.

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