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(영문) 대구지방법원 2020.10.14 2020가단104450

대여금

Text

1. The defendant shall pay 140,000,000 won to the plaintiff and 12% per annum from May 30, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 17, 2010, the Plaintiff lent 20 million won to the Defendant each month from April 17, 2010 (hereinafter “first loan”), 70 million won on January 21, 2015 (hereinafter “second loan”), 70 million won on March 31, 2015 (hereinafter “third loan”), 60 million won on August 27, 2015 (hereinafter “fourth loan”), and 1.6 million won on August 27, 2015 (hereinafter “fourth 1.6 million won”), 1.6 million won on a monthly basis from October 7, 2016 to 1.5 million won (hereinafter “5 million won”) and 1.6 million won on a total of 1.6 million won on May 16, 2015, 200 million won and 1.6 million won on May 7, 2015, and 1.6 million won on a monthly basis (hereinafter “5 million won”).

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining KRW 1.4 million after deducting the plaintiff's principal from the total amount of KRW 2.8 million from the total amount of loans 1 to 5,000,000,000 from the total amount of loans 1 to 1.4 million and damages for delay.

B. The defendant asserts that, inasmuch as there was no separate agreement on interest on each of the loans he borrowed, the amount of KRW 90,60,000, which he repaid, should be appropriated for the repayment of principal.

In full view of the following circumstances, it is reasonable to deem that the money paid by the Defendant was paid as interest on each of the above loans. Therefore, the Defendant’s above assertion is without merit.

① The amount indicated in attached Form 1 paid by the Defendant was mainly paid on the 14th to 18th day of each month, and this was the date when a certificate of cash custody for the said first loan was prepared on April 17, 2010. Since the period of repayment was May 16, 2010, the Defendant was around that time.