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(영문) 수원지방법원 2015.12.11 2015가단44379
대여금
Text

1. The Defendant: (a) KRW 27,500,000 for the Plaintiff and 5% per annum from August 4, 2012 to July 21, 2015.

Reasons

1. Determination as to the cause of claim

A. On May 27, 2010, the Plaintiff received a certificate of loan from the Defendant that “the Plaintiff borrowed KRW 30 million” from the Defendant while lending KRW 30 million to the Defendant. On April 1, 2011, the Plaintiff subsequently borrowed KRW 10 million to the Defendant and received a certificate of loan that “the Plaintiff borrowed KRW 40 million from the Defendant and would repay KRW 20 million until May 11, 201,” and the Defendant did not pay KRW 20 million to the Plaintiff by May 11, 201, and thereafter, the Plaintiff did not dispute between the parties to the claim for the repayment of the loan, or the purport of the entire pleadings as stated in subparagraphs 1 and 2.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 12.5 million (=2,50,000,000 after January 1, 2015) calculated by deducting the amount of KRW 2,50,000 (i.e., KRW 40,000,000 - KRW 12,50,000) from the amount of the Plaintiff’s 40,000 loan from the date of delivery of a copy of the complaint from August 4, 2012 to July 21, 2015, and damages for delay at the annual rate of KRW 15,50,00 prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. (i.e., KRW 40,00,000).

B. After the Defendant borrowed KRW 30 million from the Plaintiff, the Defendant alleged that the balance of the loan was KRW 19 million on August 3, 2012 and KRW 10 million on June 30, 2015. However, the Plaintiff borrowed KRW 30 million to the Defendant on April 1, 2011, and received a certificate of loan worth KRW 40 million from the Defendant. As seen earlier, there is no evidence to acknowledge that the Plaintiff paid the loan exceeding KRW 12.5 million to the Plaintiff. Thus, the Defendant’s assertion is without merit.

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