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(영문) 창원지방법원밀양지원 2016.09.21 2015가단4063
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from November 5, 2015 to the date of full payment.

Reasons

1. Since there is no dispute between the parties that the Plaintiff lent KRW 25,00,000 to the Defendant on December 26, 2013, and KRW 5,000,000 on January 9, 2015 (hereinafter “instant loan”), barring any special circumstance, the Defendant is liable to pay to the Plaintiff the amount of KRW 30,000,000 and delay damages calculated annually from November 5, 2015 to the date of full payment, which is the day following the delivery of the duplicate of the application for the instant payment order, calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff, the defendant and the defendant agreed to pay the loan of this case when the settlement of accounts for the business partnership is made. Since the settlement of accounts for the business partnership has not been made up until now, the repayment period of the loan of this case has not yet arrived.

B. As to whether there was an agreement on the period of repayment as alleged by the Defendant, the witness C’s testimony is the only evidence that seems consistent with it. In other words, the following circumstances, which may be acknowledged in full view of the purport of the entire pleadings, are as follows: ① The witness C’s primary testimony in the statement of evidence No. 4, namely, “A witness did not have any knowledge about the period of repayment at the time of the instant loan, and the Plaintiff demanded the Defendant to pay the loan of this case, and the Defendant would make the Plaintiff to pay the loan of this case if the Plaintiff would pay the loan of this case.” ② The witness C and the Defendant filed a lawsuit against the Plaintiff, such as the return of shares following the withdrawal of the business operation, is in a hostile relationship with the Plaintiff; ③ according to the Defendant’s argument, the period of repayment of the loan of this case does not arrive unless the business operation profit of this case occurs.”

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