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(영문) 부산지방법원동부지원 2015.11.04 2015가단14183
대여금
Text

1. The defendant shall pay 30 million won to the plaintiff and 24% per annum from July 19, 2005 to the day of complete payment.

Reasons

1. In full view of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff can be acknowledged that the plaintiff lent 30 million won to the defendant on July 18, 2005 at interest rate of 24% per annum. Thus, the defendant is liable to pay to the plaintiff the agreed interest and delay damages calculated at the rate of 24% per annum from July 19, 2005 to the date of full payment, which is the next day of the above lease.

2. Judgment on the defendant's defense

A. The defendant's assertion that the defendant paid to the plaintiff KRW 10 million on September 15, 2006, and KRW 20 million on June 16, 2007, and paid all the above loans KRW 30 million to the plaintiff.

B. Comprehensively taking account of the purport of the entire arguments in the statement Nos. 1 and 2 of the facts of recognition Nos. 1 and 2, the defendant remitted KRW 10 million to the plaintiff on September 15, 2006. The plaintiff may recognize the fact that he was paid KRW 20 million by the defendant on June 16, 2007. However, according to the statement Nos. 2, 3, and 4 of the above evidence, the plaintiff lent KRW 20 million to the defendant on May 12, 2005 on June 12, 2006, when the defendant did not pay the above loans amounting to KRW 20 million to KRW 2,000,000,000,000 won as evidence, the plaintiff did not raise an objection to the above loans, and the defendant did not pay KRW 60,000,000,000 won to the plaintiff on June 12, 2006.

C. Comprehensively taking account of the above facts of recognition, the defendant lent 20 million won to the defendant on September 15, 2006 and June 16, 2006, respectively, to the defendant 20 million won in total.

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