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(영문) 대전지방법원 2019.06.13 2018가단10439
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 117,00,000 and the interest rate of KRW 15% per annum from April 13, 2018 to the date of full payment.

Reasons

In full view of the purport of Gap evidence No. 1 and the purport of the entire pleadings, the plaintiff can be recognized as having lent KRW 117,000,000 to the defendant on February 8, 2018. As such, the defendant is obliged to pay to the plaintiff the above loans of KRW 117,00,000 and the damages for delay from April 13, 2018, which is obviously the next day after the original copy of the instant payment order was served on the defendant.

Although the defendant alleged that he paid interest KRW 40 million among the above loans, there is no evidence to prove the above facts, the defendant's defense for repayment is without merit.

The defendant asserts that the defendant's spouse C has no obligation to pay for the overlapping part because the plaintiff filed double claims of KRW 60 million with the defendant's spouse C. However, even according to the defendant's argument itself, this does not constitute a ground for refusing the plaintiff's claim under law. Therefore, this part of

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 117,00,000 as well as damages for delay calculated by applying the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 13, 2018 to the date of full payment.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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