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(영문) 춘천지방법원강릉지원 2016.09.07 2015가단7509

대여금

Text

1. The Defendant estimated 15 million won to the Plaintiff and 25% per annum from June 4, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On July 7, 2011, the Plaintiff leased KRW 300,000 to the Defendant on a monthly interest rate of KRW 300,000 and the payment date of interest as the seventh day of each month.

(hereinafter “instant loan 1”). (b)

On September 7, 2011, the Plaintiff agreed to lend KRW 10,000 to the Defendant by setting the monthly interest of KRW 300,000 as 30,000 per month, and on the 7th day of each month of interest payment, and remitted KRW 9,40,000,000,000 calculated by subtracting the interest of KRW 300,00 per month of the instant loan

(hereinafter “instant second loan”). C.

On February 12, 2012, the Defendant: (a) drafted and issued to the Plaintiff, “the certificate and letter of gift” (hereinafter “the first certificate of gift in this case”) with the following purport: (b) “When the Plaintiff remitted KRW 5 million to February 13, 2012, the Plaintiff did not pay KRW 5 million to the present day; (c) paid interest to the Plaintiff by August 7, 2012; and (d) paid KRW 600,000 per month from September 7, 2012.”

On February 13, 2012, the Plaintiff remitted KRW 5 million to the Defendant (hereinafter “instant third loan”), and the Defendant: (a) February 26, 2012, the Plaintiff “as of July 7, 201” to the Plaintiff on February 26, 2012.

9. On July 2, 200,000 won was borrowed; accrued interest for two months and interest for five million won was paid in advance to the Plaintiff by August 7, 2012 until February 14, 2012; and the Plaintiff shall be paid KRW 600,000 per month from August 7, 2012 to the Plaintiff.

The term "the second proof of this case" is referred to as "the second proof of this case" with the content "the second proof of this case".

) Preparation and delivery was made and made. [The grounds for recognition: the absence of dispute, each entry of Gap 1, Gap 3-1, Gap 2, Gap 4, Gap 5 (Recognition of Binding based on the result of written appraisal by an appraiser C), and the purport of the whole pleadings.

2. Assertion and determination

A. The plaintiff's assertion 1) The plaintiff lent 25 million won to the defendant. Among them, the plaintiff claimed for the payment of the remaining principal and interest of 15 million won, interest thereon, and delay damages, which are the remainder after deducting the part of the payment. The defendant's assertion 2) paid the plaintiff a total of 12.7 million won, and the defendant auction.