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(영문) 창원지방법원 2018.11.15 2017가단14713
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,91,410 and the interest rate of KRW 15% per annum from December 13, 2017 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. In full view of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 2 (including paper numbers), and the facts that the defendant purchased one of the two vehicles with a weight truck of 4.5 tons in the name of the plaintiff and operated the vehicle, and did not pay various installments, administrative fines, tolls, penalties, etc., while paying the vehicle. Considering the above debts, the defendant agreed on November 11, 2017 to pay the plaintiff KRW 9,590,000 to the plaintiff on the same day, 333,00,000 won, 22,131, 670 won, 4,269,740 won, and agreed to pay the above amount by preparing each loan certificate with the plaintiff on November 11, 2017.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the sum of KRW 68,91,410 (= KRW 9590,000 KRW 33,000 KRW 22,131,670 KRW 4,269,740) and delay damages.

B. As to the judgment on the Defendant’s assertion, the Defendant alleged that he paid KRW 23 million out of the vehicle installments, so it is insufficient to recognize the Defendant’s payment after November 11, 2017, which was written in the letter of performance or the certificate of loan, as above, and there is no other evidence to support this. Thus, the Defendant’s assertion is without merit.

C. Accordingly, according to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from December 13, 2017 to the day of full payment, as the Plaintiff seeks, the delivery of a copy of the instant complaint, as sought by the Plaintiff.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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