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(영문) 서울중앙지방법원 2019.10.01 2019가단5021395
대여금
Text

1. The Defendant calculated 86 million won with respect to the Plaintiff and 2% per month from February 27, 2018 to the date of full payment.

Reasons

In light of the facts without any dispute between the parties, the statement in Gap evidence No. 1, and the fact-finding results of this court's C Bank (the indication of "stock company" is omitted; hereinafter the same shall apply), D Bank, E Bank, F Association, G Company, and H Company, the Plaintiff received a certificate of loan from the Defendant that the Defendant borrowed 86 million won from the Plaintiff for the repayment of the principal and interest accrued until January 24, 2018 while lending money to the Defendant from around 2014, the Plaintiff borrowed money from the Defendant for the repayment of the principal and interest accrued until January 24, 2018.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 2% per month from February 27, 2018 to the date of full payment, as agreed upon by the Plaintiff, as the date of preparation of the above loan certificate and the date of repayment after the due date.

The defendant asserts that there is the amount discharged in cash, but there is no evidence to acknowledge this, the above argument cannot be accepted.

The plaintiff's claim is legitimate and accepted.

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