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(영문) 의정부지방법원 고양지원 2017.03.08 2016가단21219
약정금
Text

1. The Defendant’s KRW 26 million to the Plaintiff, as well as 5% per annum from September 27, 2016 to March 8, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim Nos. 1 through 3, the Defendant borrowed 4 million won from the Plaintiff on March 28, 2016 and borrowed 1.5 million won on April 12, 2016. Therefore, barring any special circumstance, the Defendant is obliged to pay to the Plaintiff 5 million won and 15% interest per annum from the day following the delivery date of the written complaint sought by the Plaintiff to the day of complete payment.

2. The defendant's assertion (1) argues that the defendant did not borrow money from the plaintiff, but borrowed money from C as game costs and was subject to public conflict and intimidation.

The defendant's above assertion is without merit, since there is no evidence to prove the defendant's above assertion.

(2) In addition, the Defendant on April 5, 2016 4.5 million won;

8. 4.5 million won, in cash;

8. 23.2 million won and a total of three million won are claimed to C.

The payment of KRW 2,00,000 by the Defendant, KRW 4.5 million, and KRW 2,000,000 by the Defendant, may be recognized in full view of the purport of the entire pleadings in the statement of evidence No. 1, and further, the amount of KRW 1,00,000 in cash is 29,000,000,00

(2) Therefore, the Defendant is obligated to pay to the Plaintiff 26 million won (55 million won-29 million won) and the amount equivalent to 5% per annum from September 27, 2016 to March 8, 2017, which is the day following the delivery of the written complaint, to the day following the delivery of the written complaint, and 15% per annum from the next day to the day of complete payment.

3. According to the conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition.

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