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(영문) 수원지방법원 2016.05.18 2015가단45761
대여금
Text

1. The defendant shall pay 23,00,000 won to the plaintiff and 15% per annum from January 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant borrowed KRW 30 million from Nonparty C, and promised to pay the above borrowed amount to D, the Plaintiff’s mother.

B. However, after the death of D, the Defendant promised to pay the Plaintiff KRW 30 million, and paid in installments the amount of KRW 1 million each month from March 2014 to December 31, 2015, and the repayment is completed by December 31, 2015, and where delay, the Defendant shall pay the damages for delay calculated at the rate of KRW 25% per annum.

C. In accordance with the above agreement, the Defendant repaid the Plaintiff KRW 7 million in total by seven million up to February 3, 2015, including the repayment of KRW 1 million around May 16, 2014, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder amount of KRW 23,00,000,000, and the damages for delay calculated at the rate of 15% per annum for the Plaintiff within the agreed damages for delay from January 1, 2016 to the date of full payment, which is the day following the due date of the above agreement.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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