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(영문) 서울남부지방법원 2017.05.19 2016가단45155
대여금
Text

1. The Defendant’s KRW 36,00,000 as well as annual 5% from March 1, 2016 to October 18, 2016 to the Plaintiff.

Reasons

1. The following facts are acknowledged in light of Gap evidence No. 1 and Gap evidence No. 2's overall purport of the pleadings.

A. On March 25, 2015, the Plaintiff lent a total of KRW 49,317,000 to the Defendant, including KRW 21,274,00,000 and KRW 28,043,00 on April 3, 2015. The Plaintiff was repaid KRW 9,317,00 on April 24, 2015 from the Defendant.

B. On April 16, 2015, the Defendant agreed with the Plaintiff to repay the remainder of KRW 40,000,000 in installments from May 2015 to February 2016.

C. On May 22, 2015, the Defendant repaid only KRW 4,000,000 to the Plaintiff and did not repay the remainder.

2. Therefore, the Defendant is obligated to pay to the Plaintiff 36,00,000 won and 5% interest per annum as stipulated in the Civil Act from March 1, 2016 to October 18, 2016, which is the delivery date of a copy of the complaint of this case, and 15% interest per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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