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(영문) 수원지방법원안산지원 2017.09.01 2017가단2359
대여금
Text

1. As to the Plaintiff’s KRW 75,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 75,00,000 from July 26, 2012, and KRW 25,00,00.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 3, 4, and 5, the plaintiff loaned KRW 75,000,000 to the defendant on July 24, 2012, and it is recognized that the plaintiff agreed on the repayment period of KRW 50,000,000 between the defendant and the defendant on July 25, 2012, and that the repayment period of KRW 25,00,000 has been three months after the date of lending.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 75,00,000 and the amount of KRW 50,000,000, whichever is the following day after the due date for repayment, to the plaintiff at the rate of 5% per annum under the Civil Act from October 25, 2012 to September 1, 2017, which is the date following the due date for repayment, to the extent that each defendant's existence and scope of the obligation is disputed, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(1) The Plaintiff’s claim for the payment of damages for delay from July 26, 2012 with respect to KRW 25,000,000 is without merit. However, the Plaintiff’s claim for the payment of damages for delay, which is calculated at the rate of 5% per annum from July 26, 2012 to October 24, 2012, is justified, and the remainder of the claim is dismissed on the grounds that it is without merit.

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