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(영문) 대구지방법원 2017.01.24 2016가단37119
대여금
Text

1. The Defendant shall calculate the amount of KRW 30 million to the Plaintiff at the rate of 15% per annum from November 2, 2016 to the date of full payment.

Reasons

The fact that the plaintiff lent KRW 30 million to the defendant on July 28, 2009 does not dispute between the parties, and the defendant asserts that he paid the above debt, but there is no evidence to acknowledge it.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 2, 2016 to the date of full payment, which is obvious that the original copy of the payment order sought by the Plaintiff was served on the Defendant.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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