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(영문) 인천지방법원 2015.01.14 2014가단64447
대여금
Text

1. The defendant's KRW 27,688,100 and about this, 5% per annum from January 1, 2001 to January 31, 2004 to the plaintiff.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed a lawsuit against the defendant for the loan claim against Seoul Western District Court 2004Kadan325, May 6, 2004, and sentenced on May 6, 200 to the above court that "the defendant shall pay to the plaintiff 27,688,100 won with 5% per annum from January 1, 2001 to January 31, 2004, and 20% per annum from the next day to the day of full payment." The plaintiff can be acknowledged that the above judgment became final and conclusive on May 30, 204.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 27,68,100 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2001 to January 31, 2004, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

In regard to this, the defendant, who was employed by the plaintiff in C as a director, was subject to a reduction accident at the site of the transformation room extension work, and the above company shall pay the defendant the damages amounting to KRW 50 million, but if the above company did not pay the damages amount, the plaintiff agreed to pay the defendant the damages amounting to KRW 50 million. Thus, the defendant's defense that the above contract deposit claims against the plaintiff against the plaintiff set off the plaintiff within the equal amount against the plaintiff's claim against the plaintiff. However, it is insufficient to recognize the fact that the statement in the evidence No. 1-2, No. 1-2, No. 2, No. 2, and No. 3 alone agreed to pay the plaintiff KRW 50 million to the defendant, and there is no other evidence to acknowledge this otherwise.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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