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(영문) 수원지방법원 2018.02.06 2017가단522606
대여금
Text

1. The defendant shall pay 140,000,000 won to the plaintiff and 20% per annum from July 30, 2017 to the day of full payment.

Reasons

1. The facts of recognition are as follows: (a) the Defendant prepared a letter of non-performance to pay a total of KRW 140,000,000 to the Plaintiff; and (b) the fact that there is no dispute between the parties, or if the statement in the evidence No. 1 reveals the overall purport of the pleadings, it may be acknowledged.

1. The repayment of 50,000,000 won, out of loans, shall be made by July 6, 2017;

(Provided, That if delayed due to the problem of compensation of the C church, it may be changed under consultation)

2. The amount of KRW 15,00,000,000, out of loans, shall be disposed of to repay the difference used in the workplace until June 15, 2017.

3. 35,00,000 won out of loans shall be disposed of by benz vehicles, etc. and repaid no later than July 6, 2017.

4. Loans of 40,000,000 won among existing loans shall be repaid not later than June 12, 2017;

5. Where payment is delayed for the above 1-4 items, the defendant should pay interest in arrears to the plaintiff at the rate of 20% per annum.

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff a loan of KRW 140,000,000 and damages for delay calculated at the rate of 20% per annum, which is the agreed interest rate, from July 30, 2017 to the date of full payment, following the delivery of a copy of the instant complaint to the Defendant, as sought by the Plaintiff.

B. The defendant's argument that the amount should be adjusted when there is a different opinion on the plaintiff's claim amount. However, since there is no reflective evidence following the above recognition, the defendant's argument cannot be accepted.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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