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(영문) 서울동부지방법원 2017.01.17 2015가단51730

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 175,437,722 and the interest rate of KRW 15% per annum from November 1, 2016 to the date of full payment.

Reasons

1. Determination

A. 1) The Plaintiff, on February 10, 2010, set the payment period of KRW 100 million to the Defendant on May 10, 2010 and 3% of the interest month (annual interest rate of KRW 36% and KRW 3 million on the 10th day of each month) and lent (hereinafter “the instant loan agreement”) in full view of the following facts: (a) there is no dispute between the parties, or comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 through 2.

(2) Under the instant loan agreement, the Defendant recognized the fact that the Plaintiff paid 30,000 won per annum exceeding 10,000 won per annum from February 10, 2010 to May 9, 2010, and 9,000 won per annum from May 10, 2010 to April 10, 201 (the amount shall be reduced to 2.5% per annum; 30,000 won per annum from May 10, 201 to 30,00 won per annum; 50,000 won per annum from August 2014 to 30,000 won per annum; 9,000 won per annum from May 14, 2014 to 30,000 won per annum from the interest rate of 10,000 won per annum 20,000 won per annum 9,000 won per annum, and the Defendant’s maximum interest rate of 9,016,06.16.

Meanwhile, around August 2014, the Defendant paid KRW 50 million to the Plaintiff. Since the Plaintiff appropriated this to the principal, the Plaintiff’s payment was made on August 5, 2014 for the convenience of calculation.