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(영문) 서울동부지방법원 2017.09.13 2016가단32255
손해배상(기)
Text

1. The Defendant’s KRW 172,550,00 for the Plaintiff and KRW 5% per annum from October 11, 2016 to September 13, 2017.

Reasons

The fact that the Plaintiff leased KRW 26,00,000 to the Defendant on March 28, 2014, ② 103,90,000 on April 23, 2014; ③ 26,00,000 on April 30, 2014; ④ 3,000,000 on August 4, 2014; and ⑤ 6,000,00 on September 12, 2014; ⑥ 20,000,000 won on January 26, 205; 7, 200,000 won on November 20, 2015; and ③ 10,000,000 on the aggregate of the parties’ loans; and

Meanwhile, the Plaintiff is a person who received a total of KRW 8,350,000 from the Defendant.

The Plaintiff is claiming damages for delay of 5% per annum from the date of each lending with respect to each of the above loans, but there is no evidence to prove that there was an interest or delayed payment agreement on the above loans.

Therefore, we cannot accept the assertion that damages for delay and KRW 8,350,000 that the Defendant partially discharged are appropriated for damages for delay.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 172,550,00 (180,900,000-8,350,000) and damages for delay calculated at each rate of 15% per annum under the Civil Act from October 11, 2016 to September 13, 2017, which is the date of this decision, where it is deemed reasonable to dispute over the scope of the Defendant’s obligation to pay from October 11, 2016, as the Plaintiff seeks after the loan date.

The plaintiff's claim is partly accepted within the scope of the above recognition.

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