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(영문) 수원지방법원여주지원 2020.04.22 2020가단317

대여금

Text

1. As to KRW 85,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 85,00,000 from March 13, 2017, and KRW 30,000,00.

Reasons

1. The Plaintiff leased KRW 24,00,00 to the Defendant on January 12, 2017 at interest rate of KRW 50,00,00 per annum, and due date of payment on July 13, 2017; however, the Plaintiff was not entitled to receive interest and delay damages from the Defendant on the leased principal and the interest thereon from March 13, 2017. ② The loan was made on March 13, 2017 at interest rate of KRW 24,00,000 per annum, and due date of payment on July 13, 2017, but did not receive interest and delay damages from the Defendant on the leased principal and the interest thereon from May 14, 2017; ③ the loan was not made on the leased principal and interest rate of KRW 50,000,000 per annum and delay damages from the Defendant on July 13, 2017; or the loan was made on July 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 24% per annum from May 14, 2017 to the date of full payment for KRW 85,000,000 in total and KRW 50,000 in total and KRW 30,000 in total and KRW 50,000,00 in total, from March 13, 2017.

2. Judgment on the defendant's assertion

A. As to this, the Defendant first borrowed the above money from the Plaintiff, and then set up a collateral on the E-dong detached Building D in the name of the Plaintiff, which shall include the above loan principal and interest (101,00,000 won) under the name of the Plaintiff, and agreed between the Plaintiff and the Plaintiff that the settlement of the obligation and obligation for the principal and interest of the loan was completed. Thus, it is insufficient to recognize that the evidence submitted by the Defendant alone has reached an agreement between the Plaintiff and the Defendant on the completion of settlement as alleged by the Defendant, and there is no other evidence to acknowledge it.