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(영문) 서울북부지방법원 2018.07.18 2017가단13905
보관금 및 대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from August 12, 2017 to the date of full payment.

Reasons

In light of the above facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from August 12, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case, to the day of full payment.

2. Judgment on the defendant's assertion of repayment

A. The Defendant asserts that C paid a sum of KRW 144,404,000,000 from October 20, 2015 to January 16, 2017, and paid all the principal and interest of the instant loan.

B. The facts that C paid the sum of KRW 140,404,000,000 from October 20, 2015 to January 16, 2017 do not conflict between the parties.

However, according to the evidence Nos. 4 through 8 (including each number), it can be acknowledged that the Plaintiff and C agreed to cover the following obligations, not the borrowed money of this case, but the borrowed money of 144 million won paid as above.

(1) On February 15, 2016, D 1D 1, which is a joint and several debtor's interest on the debt amount of 50,000,000 won C 2F on June 7, 2016, 3 G 3 G 15, 2016, C. 35,000,000 won on November 15, 2016, C. 40,000,000 won per 40,000,000 won per 40,000 won per 40,000,000 won per 40,000 won per 50,000,000 won per 20,000,000 won per 30,000,0000,000 won per 10,000,0000 won per 30,000,005,305,30,016,30.

Article 22(1) of the Reference to Child Welfare Assistance Act (hereinafter referred to as the “Defendant”) provides that the Plaintiff’s type H was employed as a driver from October 10, 2016 to December 20, 2016.

C. Therefore, the defendant's above assertion that the loan of this case was extinguished by repayment is without merit.

3. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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