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(영문) 창원지방법원 2017.11.15 2017나2872
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim and appeal

1..

Reasons

1. According to the evidence No. 1 of the judgment on the cause of the claim No. 1, the plaintiff can be found to have lent 30 million won to the defendant on September 30, 2015 without setting interest or the due date for repayment. Thus, the defendant is obligated to pay to the plaintiff 30 million won and damages for delay calculated at the rate of 15% per annum from February 4, 2017 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment, unless there are special circumstances.

2. The defendant's argument regarding the defendant's assertion is alleged to have already paid KRW 15 million out of the loan amount of KRW 30 million, and even according to the statements in the evidence Nos. 3 and 4, in light of the fact that the defendant paid KRW 15 million to the plaintiff before the loan date of this case, it is difficult to view the above KRW 15 million as the repayment of the loan amount of KRW 30 million, and there is no evidence to prove otherwise that the defendant paid part of the loan amount of KRW 30 million to the plaintiff, and therefore, the above argument by the defendant is not acceptable.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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