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(영문) 전주지방법원 2016.09.29 2015나5807
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Determination as to the cause of claim

A. On December 29, 2005, the Plaintiff, on December 29, 2005, did not separately determine the interest amounting to KRW 10 million to the Defendant and lent the due date to the Defendant on December 29, 2007.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10 million and the amount of delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from December 30, 2007 to January 22, 2015 on the day following the date on which the copy of the instant complaint was served, and 20% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. As such, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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