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(영문) 서울서부지방법원 2015.04.09 2014가합5494

대여금

Text

1. As to the Plaintiff KRW 144,00,000 and KRW 44,000 among them, the Defendant shall pay to the Plaintiff KRW 144,00,000 from May 8, 2014, and KRW 100,00,000.

Reasons

1. Indication of claim;

A. The Plaintiff loaned KRW 39,00,000 to the Defendant on April 30, 2014 at the maturity of May 10, 2014, and at the interest rate of 25% per annum. The Plaintiff loaned KRW 78,00,000 on May 7, 2014 at the maturity of payment and interest rate of KRW 25% per annum.

B. The Defendant repaid the Plaintiff KRW 73,00,000, totaling KRW 33,000,000 on May 20, 2014 and KRW 73,000,000 on May 23, 2014. The said amount was appropriated for the repayment of KRW 39,00,000 as the principal of the borrowed amount on April 30, 2014 and KRW 34,00,000 as a part of the principal of the borrowed amount on May 7, 2014, and the principal of the borrowed amount on May 7, 2014 (=78,00,000,000 - KRW 34,000,000).

C. On May 29, 2014, the Plaintiff loaned KRW 100,000,000 to the Defendant on June 10, 2014 at the maturity of payment, and at the rate of 25% per annum.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 144,00,00,000 (i.e., the remainder of the borrowed amount as of May 7, 2014 and the amount as of May 29, 2014 (i.e., the remainder of KRW 44,00,000 as of May 7, 2014) and the remainder of the borrowed amount as of May 7, 2014 as of May 7, 2014, the interest rate of KRW 25% per annum, which is the agreed interest rate from May 30, 2014 to the date of borrowing. < Amended by Act No. 12573, May 7, 2014; Act No. 12537, May 29, 2014>

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;