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(영문) 의정부지방법원 2015.06.05 2014가단41186

대여금

Text

1. The defendant shall pay to the plaintiff KRW 30,000,000 and KRW 10,000 among them, which shall be paid to the plaintiff from June 28, 2004.

Reasons

1. The Plaintiff leased the following money to the Defendant.

The interest rate on the date of repayment 1.5 million won on Feb. 15, 2004, which was KRW 1.1 million on Apr. 28, 2005, KRW 2.2% on Sept. 30, 2004; KRW 5 million on Sept. 15, 2004; the purport of the whole pleadings is as follows: < Amended by Presidential Decree No. 18583, Nov. 31, 2005; Presidential Decree No. 18587, Nov. 31, 2005>

2. The Plaintiff asserted that at the time of lending money on February 15, 2004, September 15, 2004, and December 25, 2004, the Defendant agreed to pay interest of 2% per month between the Defendant and the Defendant. However, it is insufficient to acknowledge the fact that the Plaintiff agreed to pay interest of 2% per month at the time of the lending agreement, and there is no other evidence to prove otherwise.

Therefore, with respect to the above loans of KRW 30,000,000 and its loans of KRW 10,000,000 among them, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of twenty-four percent per annum from June 28, 2004 to the date of full payment; KRW 5,000,000 from May 1, 2004 following the due date; KRW 5,000,000 from December 1, 2004 following the due date; KRW 10,000 from April 1, 205 following the due date; and KRW 5% per annum from the date following the due date of full payment until June 5, 2015; and KRW 20% per annum from the date following the due date of full payment to the date of full payment.

3. If so, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as it is so decided as per Disposition.