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(영문) 울산지방법원 2020.04.28 2019가단4693
대여금
Text

1. The defendant shall pay 32,00,000 won to the plaintiff and 12% per annum from August 26, 2019 to the day of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. Facts 1) The Plaintiff lent 10,000,000 won in cash and 24,000,000 won in cash to the Defendant. On December 4, 2018, the Plaintiff prepared and issued a loan certificate from the Defendant to the Plaintiff that he/she would have performed his/her obligation with the recognition of the above loan. 2) The Plaintiff received 50,000,000 won in total from the Defendant on December 7, 2018.

[Reasons for Recognition] A without dispute, the fact that the person is a person, the entry of Gap evidence 1, the purport of the whole pleadings

B. In light of the facts acknowledged above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 32,00,000 (=34,000,000- 2,000,000) and the amount calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 26, 2019 to the date of delivery of the copy of the instant complaint, as sought by the Plaintiff.

(The plaintiff's claim is 15% per annum, but it does not admit more than 12% per annum as stipulated in the law). 3. Conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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