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(영문) 수원지방법원안산지원 2016.07.13 2015가단31230

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 91,838,238 and the interest rate of KRW 15% per annum from December 8, 2015 to the date of complete payment.

Reasons

1. The facts under each of the following facts are not disputed between the parties, or acknowledged in full view of Gap evidence Nos. 2, Eul evidence No. 2-1 to 11, and Eul evidence Nos. 3 through 18, and there is no counter-proof.

Around January 23, 2007, when the Plaintiff was making a monetary transaction, such as lending money to the Defendant, the Defendant prepared a loan certificate to the Plaintiff, stating that “The Defendant’s loan to be repaid to the Plaintiff is KRW 165,00,000,00, and the interest rate is 2% per month” (Evidence 2, hereinafter “the loan certificate of this case”).

B. The Defendant remitted each of the amounts indicated in the “payment” column of the attached Table of Appropriation of Performance to the Plaintiff as of each day indicated in the “payment date” column of the same Table.

2. The parties' assertion

A. The Plaintiff asserts that, as the cause of the instant claim, the Defendant’s repayment of the above loan to the Plaintiff is merely 12 million won. As the Defendant’s payment of all of these payments to the Plaintiff, the Plaintiff accepted it and appropriated it as a part of the principal without interest. Accordingly, the remaining principal is KRW 153,00,000, and the remaining principal is ultimately KRW 153,000,000. As such, the Plaintiff asserts that the payment of the remaining principal and its remainder is sought at the rate of 15% per annum from the day after the date of delivery of the copy

B. The defendant asserts as follows.

(1) The loan certificate of this case is prepared by the Defendant in excess of the actual principal due to the Plaintiff’s speech C (the Defendant’s appearance)’s obsescy, bath, insult, verbal abuse at the childcare center operated by the Defendant, and intimidation.

(2) After January 23, 2007, the Defendant agreed not to receive interest, and the above loan claims were fully repaid and extinguished.

3. The loan certificate of this case is different from the facts.