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(영문) 수원지방법원성남지원 2014.05.09 2014가단1248
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from March 29, 2011 to the day of complete payment.

Reasons

1. According to the evidence No. 1 of the facts of recognition, the Plaintiff may recognize that the Defendant lent KRW 20 million to the Defendant on July 22, 2009, and KRW 20 million on July 31, 2009.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 40,00,000 and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 29, 2011 to the day of full payment, which is the day following the day on which a copy of the instant complaint containing an expression of intent to demand performance was served on the Defendant.

(1) The Plaintiff’s claim is without merit, since it is not deemed reasonable for the Defendant to object to the existence or scope of the obligation, and thus, the rate of 20% per annum shall apply from the day following the delivery of a copy of the complaint to the day of this judgment. However, the Plaintiff is seeking to pay the amount at a rate of 5% per annum from August 1, 2009 to the day of delivery of a copy of the complaint of this case, which is after the last loan date. However, the Plaintiff’s claim for this portion is without merit.

B. As to this, the Defendant asserts that it offsets the Plaintiff’s above loans against the claim for development costs incurred in food treatment, but there is no evidence to acknowledge the occurrence of the Defendant’s claim, the above assertion is rejected.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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