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(영문) 춘천지방법원원주지원 2015.06.04 2015가합5169
대여금
Text

1. The Defendant shall pay 415,00,000 won to the Plaintiff and 20% per annum from January 3, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff lent money to the Defendant several times until June 2009, and agreed with the Defendant to settle the principal and interest of the loan up to that time with the Defendant as KRW 200 million. However, the Plaintiff additionally lent money in the “loan” column below to the Defendant on the date indicated below to the Defendant without due date or interest rate setting. There is no dispute between the parties.

Serial 10,00 on May 29, 200 70,00,00 on May 29, 2009 ; 30,000 on October 30, 209 30,000 on November 20, 209 ; 10,000 on July 15, 200,00 on 5, 200 on July 30, 2010 ; 10,000 on 16,00,00 on 10,00 on 16, 200,00 on 10,00 on 10,00,00 on 10,00,00 on 10,00 on 10,00 on 31, 310,007 on 10,000,00 on 10,5, 200 on 10,5, 2010

B. From May 29, 2009 to March 31, 2011, the Plaintiff treated the amount of KRW 130,000,000,000 as payment in lieu of the payment of the loan (referred to as the loan Nos. 1 to 7 above) from the Defendant as payment in lieu of the amount of KRW 130,000,000 from May 29, 2009 to March 31, 201; and the Plaintiff is a person who received reimbursement of KRW 5,00,00 from the Defendant out of the loan (referred to as the loan Nos. 8 to 14) from the Defendant from April 10 to June 19, 2013.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at a rate of 20 million won per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the original original payment order against the Defendant, by deducting the remainder of KRW 415 million (=50 million per annum 50 million per annum - KRW 550 million per annum - KRW 1350 million per annum from January 3, 2015 to the day of full payment, which is the day after the delivery of the original payment order of this case against the Defendant.

2. The plaintiff's claim is justified, and all of them are accepted.

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