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(영문) 대전지방법원천안지원 2015.07.15 2015가단478
대여금
Text

1. The defendant shall pay 28,200,000 won to the plaintiff and 20% per annum from April 4, 2015 to the day of complete payment.

Reasons

1. In light of the following circumstances, it is reasonable to view that the Defendant agreed to pay to the Plaintiff, upon the Plaintiff’s demand for reimbursement of KRW 37,200,000,000, total interest amount of KRW 4,220,000, as the Plaintiff had economic difficulties after financing totaling KRW 33,000,000, when there is no dispute between the parties to the judgment as to the cause of the claim, or by taking account of the overall purport of the pleadings as to the evidence Nos. 1, 2, 3, and 7 (including additional numbers).

Meanwhile, the Plaintiff voluntarily admitted the deduction of KRW 9 million from the Defendant, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28.2 million payable to the Plaintiff (i.e., KRW 37.2 million - KRW 9 million) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 4, 2015 to the date of full payment, as the Plaintiff seeks.

① The Plaintiff permitted the Defendant to transfer money or use the Plaintiff’s credit card from December 23, 201 to December 8, 2012, 201, which began to return from November 201, to KRW 33,00,000.

② In order to raise the above money, the Plaintiff, a company, received a card loan and cash service in its own name, and accordingly became subject to an economic difficult situation.

③ On January 21, 2014, the Plaintiff sent to the Defendant a letter to the effect that he/she was faced with an economic difficult situation due to the foregoing reasons, and demanded reimbursement of KRW 36 million, and again sent a letter to the same effect on March 11, 2014.

On March 13, 2014, the defendant sent to the plaintiff a letter that he will send the letter to the plaintiff.

④ Around May 2014, the Plaintiff sent letters to the Defendant demanding reimbursement of KRW 37.2 million, and the Defendant wishesed on June 6, 2014.

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