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(영문) 대구지방법원 2014.06.17 2013가단51350
대여금
Text

1. The Defendant’s KRW 92,200,000 as well as 5% per annum from October 8, 2010 to November 27, 2013 to the Plaintiff.

Reasons

1. Recognizing the fact that the Plaintiff lent to the Defendant a total of KRW 110 million until July 7, 2010, and that the Defendant decided to pay the said money by October 7, 2010 can be recognized by taking into account the overall purport of the pleadings in the statement of evidence No. 1, and each statement of evidence Nos. 1 through 4 alone is insufficient to reverse the recognition.

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 97.8 million remaining excluding the amount of KRW 17.8 million paid to the plaintiff, and to pay damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from October 8, 2010 to November 27, 2013, the service date of a copy of the complaint of this case, which is the day following the due date, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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