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(영문) 대구지방법원서부지원 2016.01.13 2015가단14970
대여금
Text

1. The Defendant’s KRW 27,00,000 as well as the Plaintiff’s KRW 20% per annum from July 11, 2015 to September 30, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) the Plaintiff loaned KRW 29 million to the Defendant; and (b) the Defendant written a written statement to the Plaintiff on October 16, 2014, which the Plaintiff borrowed KRW 29 million from the Plaintiff; (c) the Plaintiff did not dispute between the parties; or (d) the Plaintiff’s written statement and the entire purport of the pleading are recognized in full, and the Plaintiff reduced the principal amount as stated in the purport of the claim from KRW 29 million to KRW 27 million. It is deemed that the Plaintiff was a person who received reimbursement from the Defendant.

B. According to the facts found above, it is reasonable to view that a considerable period of time has elapsed from the time when the plaintiff notified the defendant to pay the above loan to the plaintiff since October 16, 2014, which is the date of the above written statement as to the plaintiff's KRW 27 million (i.e., KRW 29 million - two million - two million) and the damages for delay calculated at the rate of 20% per annum from July 11, 2015, the day following the delivery date of the original copy of the instant payment order, which the plaintiff is seeking, until September 30, 2015, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

2. The defendant's defense asserted that the plaintiff paid more than 2 million won in addition to the plaintiff's repayment of 2 million won, which is the plaintiff, but there is no evidence to acknowledge this, and the defendant's defense is without merit.

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

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