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(영문) 서울북부지방법원 2015.09.24 2015가단105725
대여금
Text

1. As to KRW 49,950,000 and KRW 45,000 among them, the Defendant shall pay to the Plaintiff the year from January 1, 2015 to March 13, 2015.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 to 4 of the judgment on the cause of the claim, the Plaintiff’s repayment of KRW 15 million from the Defendant on May 19, 2014 after setting the Plaintiff’s interest rate of KRW 30 million on October 29, 2012 and KRW 30 million on January 31, 2013 as the interest rate of KRW 1% on October 19, 2014, and the unpaid interest by December 31, 2014 can be acknowledged.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remaining principal and interest of KRW 49.95 million and the loan principal of KRW 45 million from January 1, 2015 to March 13, 2015, the delivery date of a copy of the complaint of this case, with 12% per annum and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to the judgment on the defendant's assertion, the defendant separately borrowed KRW 30 million from the plaintiff, and the defendant repaid KRW 15 million among them, and the remaining KRW 15 million should be paid. However, it is not sufficient to recognize that the defendant's loan amount is KRW 30 million merely with the statement of the evidence Nos. 1 through 7, and there is no other evidence to acknowledge it. Thus, the above argument by the defendant is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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