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(영문) 수원지방법원안산지원 2017.06.16 2016가단16740
대여금
Text

1. The Defendant: (a) KRW 4,000,000 for the Plaintiff and 5% per annum from April 12, 2013 to April 14, 2017.

Reasons

Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 1 and 2, the Plaintiff loaned KRW 33,000,000 to the Defendant on March 20, 2013 as of April 11, 2013, and the Defendant paid KRW 29,00,000 to the Plaintiff on April 11, 2013.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 4,00,000 won of loans and delay damages calculated at the rate of 5% per annum under the Civil Act from April 12, 2013 to April 14, 2017, which is the day following the due date for payment of the contract, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

On April 11, 2013, the defendant alleged that the defendant paid all the loans by paying KRW 4,00,000 to C with the right to receive the repayment of the instant loan. Therefore, it is insufficient to recognize that the defendant paid KRW 4,00,000 to C on April 11, 2013, and there is no other evidence to support this. The above argument by the defendant is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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