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(영문) 제주지방법원 2017.05.16 2016가단57580
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from November 19, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On June 2014, the Plaintiff is deemed to have a multi-family house D above ground (hereinafter “instant building”) at the time of Seogpopopoposi, Seopopoposi, Seopoposi, 2014.

(C) On November 2014, C awarded a contract for a new construction project, and C is an interior interior interior interior interior interior interior interior interior interior interior works to the Defendant (hereinafter “instant construction”).

(2) The Defendant requested the payment of construction price to the Plaintiff, and the Plaintiff paid KRW 5,000,000 to the Defendant from January 24, 2015 to March 11, 2015.

3) Upon the Defendant’s request, the Plaintiff amounting to KRW 25,000,000 to the Defendant on March 12, 2015 (hereinafter “the instant loan”).

A) The Defendant lent the instant loan to the Plaintiff. The Defendant prepared a letter of confirmation that “The instant loan will be paid simultaneously with the receipt of the construction cost from C after the completion of the construction work.” 4) C prepared a letter of payment to the Defendant with the promise to pay the construction cost of KRW 80,000,000 to October 12, 2015.

5) On July 21, 2015, the approval for use of the instant building was granted by the Defendant on July 21, 2015. 6) The Defendant was paid KRW 84,00,000,000 in total, including the construction cost of the instant construction project, October 30, 2015, and KRW 54,00,000,000, as the construction cost of the instant construction project.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

B. According to the above facts of determination, after the completion of the instant construction and approval for the use of the instant building was granted, the Defendant’s receipt of KRW 84,00,000,000, including KRW 80,000,000 from C of the above payment, shall be deemed to have reached July 14, 2016. As such, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 19, 2016 to the date following the delivery date of the copy of the instant complaint, as sought by the Plaintiff.

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