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(영문) 창원지방법원 2017.06.01 2016가단13683
대여금
Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from July 21, 2015 to October 26, 2016 to the Plaintiff.

Reasons

1. From November 5, 2012 to November 16, 2012, the Plaintiff determined a total of KRW 50 million to the Defendant as of December 16, 2012 and lent the amount of KRW 50 million to the Defendant as of December 16, 2012, and at 5% interest rate, there is no dispute between the parties, and the Plaintiff was repaid KRW 20 million from the Defendant.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30 million won in the balance of the borrowed amount and damages for delay calculated at the rate of 5% per annum from July 21, 2015 to October 26, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the day of full payment, as the plaintiff seeks.

2. The Defendant alleged that the Plaintiff repaid each of the Plaintiff KRW 1.5 million around February 2, 2013, and KRW 1.2.5 million on July 1, 2013. However, the witness C’s testimony alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense of repayment is without merit.

3. The plaintiff's claim is accepted on the ground of the reasoning.

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