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(영문) 서울북부지방법원 2016.01.12 2014나7733

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From March 5, 2010 to February 22, 2011, the Plaintiff lent a total of KRW 83,400,000 to the Defendant as follows.

- - KRW 3,00,000 on March 5, 2010 - KRW 7,000,00 on March 6, 2010 - KRW 3,000,00 on March 11, 2010 - KRW 2,50,000 on April 7, 2010 - KRW 00 on April 9, 2010 - KRW 00 on April 30, 2010 - KRW 03,00 on June 7, 2015, 200, KRW 00 on June 30, 200, KRW 10 on June 28, 2010; KRW 10 on June 10, 200, KRW 10 on June 5, 200, KRW 00 on July 10, 2010; and

B. From April 8, 2010 to June 20, 201, the Defendant repaid to the Plaintiff KRW 34,865,000, and the Plaintiff appropriated the said money to the principal.

- Evidence 10,00 - 10,000 on April 8, 2010 - 50,000 on April 29, 2010 - 5,30,000 on May 5, 2010 - 4,00,00 on June 10, 200 - 00 on June 23, 2010 - 3,000 on June 23, 2010 - 0. 3,00 on July 23, 200, 200 on July 23, 2010 - 0. 0,00 on July 23, 200, - 00 on August 6, 200, - 00 on August 20, 200; and

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder to the Plaintiff KRW 48,535,00 ( KRW 83,400,000--34,865,00) and delay damages therefor.

The plaintiff asserts that the defendant agreed to the interest rate of 24% per annum while lending the above amount to the defendant, but there is no evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

The Plaintiff also claims damages for delay from February 23, 201, asserting that the Defendant had set the due date at six months after the Defendant opened the restaurant, and there is no evidence to acknowledge that the due date was set as above.