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(영문) 창원지방법원진주지원 2015.06.25 2015가단3965
대여금
Text

1. The defendant shall pay to the plaintiff KRW 26,00,000 and KRW 16,000 among them, from January 1, 2007, and KRW 10,000,00.

Reasons

1. The fact that the plaintiff, who judged the cause of the plaintiff's claim, set and lent KRW 16,00,000 to the defendant on December 31, 2005 without interest agreement, as the due date for payment on December 31, 2006. The fact that the plaintiff set and lent KRW 10,000,000 on January 9, 206 to the defendant on January 8, 2007 without interest agreement is no dispute between the parties.

Therefore, the defendant should pay the above loans and damages for delay to the plaintiff, unless there are special circumstances.

2. The defendant's assertion argues that the defendant paid part of the above loan to the plaintiff.

However, since there is no evidence to acknowledge this, the defendant's assertion is without merit.

3. Thus, the defendant is obligated to pay to the plaintiff the total amount of 26,00,000 won of loans and 16,000,000 won among them, 10,000 won from January 1, 207 following the due date for repayment, 10,000 won from January 9, 207 following the due date for repayment to April 8, 2015, 5% per annum under the Civil Act from January 9, 2007 to April 8, 2015, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the due date for full payment.

The plaintiff's claim of this case is justified and acceptable.

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