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(영문) 대구지방법원 2020.01.31 2019가단21504
편취금
Text

1. The defendant shall pay 58,50,000 won to the plaintiff and 12% per annum from November 6, 2019 to the day of complete payment.

Reasons

1. The fact that there is no dispute, and comprehensively taking account of the overall purport of the arguments in each statement in subparagraphs 1 and 2 of subparagraphs A, it is recognized that the Defendant acquired a total of KRW 113 million from August 2010 to June 2012 from the Plaintiff for investment and construction loans, and the Plaintiff received a repayment of KRW 5450,000 out of the said money.

Therefore, the Defendant is obligated to pay to the Plaintiff damages amounting to KRW 58.55 million (i.e., KRW 113 million - 54.5 million) and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 6, 2019 to the date of full payment, as sought by the Plaintiff.

2. As to this, the Defendant alleged to the effect that the Defendant agreed to pay the Plaintiff KRW 20 million to the effect that the Defendant fully repaid the Plaintiff’s obligations, but there is no evidence to acknowledge this.

[In light of the agreement entered into by the Plaintiff and the Defendant, the Defendant appears to have paid the Plaintiff the above KRW 20 million as the partial payment of damages under the civil law]. 3. Conclusion, the Plaintiff’s claim of this case is justified.

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