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(영문) 서울중앙지방법원 2020.07.21 2020가단3848

대여금 청구의 소

Text

1. The defendant shall pay 150,000,000 won to the plaintiffs and 12% per annum from February 13, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. As a husband and wife, the Plaintiffs leased KRW 50 million to the Defendant, including KRW 30 million on January 15, 2018 and January 17, 2018 (i.e., KRW 20 million on January 15, 2018; hereinafter referred to as “first loan”), KRW 10 million on September 24, 2019 (hereinafter referred to as “second loan”), and KRW 250 million on October 17, 2019 (hereinafter referred to as “third loan”).

B. On October 2, 2019, the Defendant repaid KRW 100 million as of September 24, 2019.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 evidence (including above number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to repay the loan balance of KRW 150 million to the plaintiffs (the first loan and the third loan).

B. As to this, the Defendant asserts that, from October 23, 2017 to November 24, 2019, the loan balance of KRW 35 million (excluding KRW 100 million on October 2, 2019) is only KRW 15 million (=150 million) in repayment of the principal as indicated in the following table.

According to the amount paid on October 23, 2017. 10,00,000 on March 25, 2019. 2018. 2, 200,00 on April 25, 2019. 1,00,00,00 on April 25, 2018. 1, 200,00,000 on May 25, 2019; 1,00,000,00 on May 25, 2008. 20, 200. 1,000,00 on May 25, 200, 200; 1,00,000 on June 25, 2019; 1,000,00 on June 25, 200, 2000;

However, according to the aforementioned evidence and the purport of the entire pleadings, the Defendant agreed to pay interest at 2% per month by borrowing KRW 50 million from the Plaintiffs. Accordingly, from February 23, 2018 to November 2019.