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(영문) 수원지방법원성남지원 2016.03.03 2015가단220473

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 24.7 million and KRW 10 million from January 4, 2012.

Reasons

On July 3, 2003, the Plaintiff set up and lent KRW 10 million to Defendant B at the interest rate of 2.5% per month.

Defendant C, a wife of Defendant B, promised the Plaintiff to pay the said principal and interest of the loan with Defendant B on July 9, 2009.

The Defendants paid 10,80,000 won to the Plaintiff by January 3, 2012.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay interest of KRW 24.7 million [the principal = KRW 25.5 million up to January 3, 2012 (i.e., KRW 250 million x 10.8 million) - the amount already paid - the principal of KRW 10.8 million] and the interest or delay interest calculated at the rate of 2.5% per month from January 4, 2012 to the date of full payment.

Defendant C asserts to the effect that the principal would have been paid in KRW 5 million out of the above KRW 10.8 million.

Defendant C paid KRW 5 million to the Plaintiff on January 3, 2012 does not dispute the Plaintiff, but there is no sufficient evidence to deem that the said money was paid as principal.

(A) The Defendant C’s assertion is not accepted. (A) The unpaid interest exceeds five million won.

The plaintiff's claim is justified and accepted.