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(영문) 서울중앙지방법원 2021.01.08 2020가단5240215
대여금
Text

1. The defendant shall pay to the plaintiff KRW 102,789,145 as well as KRW 50,000 among them, from May 28, 2020 to the day of full payment.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant claim (Provided, That the “creditor” is the “Plaintiff” and the “debtor” is deemed the “Defendant”) and there is no dispute between the parties as to the facts of the cause, or it can be acknowledged in full view of the purport of the entire pleadings in the entry of the evidence Nos. 1 through 4.

Therefore, the Defendant is obligated to pay to the Plaintiff 102,789,145 won [the amount of KRW 61,801,420 [the amount of KRW 50,00,000 [the amount of KRW 11,801,420] interest or delayed damages of KRW 40,987,725 [the amount of KRW 32,380,199 [the amount of KRW 8,607,526] and the principal amount of KRW 50,000,000 from May 28, 2020 to the date of full payment] of KRW 13.45% per annum from May 28, 2020, the rate of delayed damages of KRW 13.45% per annum, the principal amount of KRW 11,801,420 per annum from May 28, 2020 to the date of full payment].

On the other hand, although the defendant submitted evidence such as C's decision of immunity, C's list of creditors in bankruptcy and immunity cases, and evidence of the defendant's closure of business, it is difficult to reject the plaintiff's claim of this case against the defendant just on the ground of the above circumstances.

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

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