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(영문) 서울중앙지방법원 2019.11.08 2018가단5160910
약정금
Text

1. The Defendant’s KRW 60,000,000 and its amount are 15% per annum from June 28, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff lent a total of KRW 118,80,000 to the defendant and C (the defendant and C shall be punished by imprisonment) from January 17, 2013 to November 27, 2014. After then, the defendant prepared and delivered a loan certificate to the plaintiff on October 6, 2017 (hereinafter "the loan certificate of this case"). Under the above facts, the defendant, barring any special circumstance, has a duty to notify the plaintiff that the plaintiff should return the loan of KRW 60,000 to the lender within a reasonable period from November 17, 2014 (the lender of this case shall be liable for delay from June 28, 2018 to the plaintiff when the original copy of the payment order of this case was delivered. Thus, the defendant shall be liable for delay from the date following the delivery of the original copy of this case to the plaintiff.

By May 31, 2019, 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and 12% per annum prescribed by the same Act from the following day to the date of full payment.

2. Judgment on the defendant's defense

A. Regarding the instant loan certificate No. 1, the Plaintiff demanded the Defendant to repay the loan on or around October 2017, and the Defendant and C paid the loan to the Plaintiff, respectively, and the Defendant did not know the remaining amount of the loan at the time.

At the time, C was detained on September 30, 2016 and was under criminal trial, and was not accurately aware of its payment source due to the agreement with the victim, etc., and could not be confirmed properly.

In this situation, the defendant is from the plaintiff.

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