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(영문) 의정부지방법원고양지원 2016.08.24 2015가단36047
대여금
Text

1. The Defendant shall pay five million won to the Plaintiff the annual interest rate of 15% from December 5, 2015 to the date of complete payment.

Reasons

The fact that the plaintiff paid a total of five million won to the defendant around March 5, 2014, including one million won, etc., is no dispute between the parties.

The plaintiff claims the repayment as a loan, while the defendant asserts that the amount of investment received.

The Defendant, regardless of whether to lend or make an investment, has a duty to pay five million won and its delay damages to the Plaintiff as well as a written statement of payment guarantee (Evidence A4) to pay five million won to the Plaintiff by February 28, 2015. As such, the Defendant is obligated to pay five million won and its delay damages to the Plaintiff as follows: (a) a written statement of payment for stock transfer proceeds (written statement of payment return, evidence A No. 3) and a written statement of payment guarantee to pay five million won to the Plaintiff as of July 6, 2015.

Therefore, the defendant is obligated to pay to the plaintiff 5 million won with 15% interest per annum from December 5, 2015 to the day of complete payment, which is the day following the service of the payment order. The plaintiff's claim of this case is justified.

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