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(영문) 대구지방법원 2019.02.21 2018가단23817
대여금
Text

1. The defendant shall pay to the plaintiff KRW 97,425,600 as well as 5% per annum from May 3, 2008 to March 31, 2009 and April 1, 2009.

Reasons

1. Indication of claim: since from around 2004, the plaintiff lent money to the defendant several times without an agreement on the time of return, and around July 15, 2005, the amount of money not paid until that time between the defendant and the defendant was determined to be KRW 65,00,000, and then it was confirmed that the amount of KRW 8,460,000 was additionally repaid by the defendant. Thus, the loans that the plaintiff has to receive from the defendant as of July 15, 2005 shall be calculated as KRW 56,540,000.

Even after July 21, 2005 to October 22, 2007, the Plaintiff additionally lent KRW 487,890,600 in total over 117 times. Of them, the Plaintiff was reimbursed KRW 447,005,000, and thus, the total amount of the loans that the Plaintiff is obligated to receive from the Defendant is KRW 97,425,60 (= KRW 56,540,000).

The plaintiff filed a lawsuit against the defendant with the Daegu District Court for the payment of the above loan and received the decision that "the defendant shall pay 97,425,600 won to the plaintiff and 5% per annum from May 3, 2008 to March 31, 2009 and 20% per annum from the next day to the day of full payment" as the Daegu District Court Decision 2008Gahap4883 decided March 31, 209. The above decision is finalized around that time, and the judgment of the court below is stated in the same contents as the above decision for the interruption of extinctive prescription.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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